s. 50 prohibits the acquisition of shares or assets which would amount to a substantial lessening of competition for goods or services in any market
20 September 2004 undertaking focusing on access to South Australian port terminal facilities owned or controlled by the merged entity and the supply of associated services by the merged entity for receiving, testing, classification, storage, handling, treatment, processing or shipping of commodities at or from such facilities. The undertaking is for a period of five years unless it is terminated earlier.
Macquarie Bank Limited
s. 50 prohibits the acquisition of shares or assets which would amount to a substantial lessening of competition for goods or services in any market
9 September 2004 undertaking requiring MBL to divest of one commercial radio broadcasting station in each of Albury, Cairns and Mackay and two stations in each of Rockhampton and Townsville.
Harbin Pty Ltd (trading as Ray’s Outdoors)
ss. 65C & 75AZS product safety standards and unsafe goods
21 September 2004 undertaking in relation to concerns about the company’s supply of Wild Country elastic luggage straps. Ray’s Outdoors volunteered to relabel Wild Country straps to comply with the mandatory safety standard and volunteered to place recall notices in relevant newspapers throughout Victoria. Ray's Outdoors also volunteered to upgrade its trade practices compliance program with a focus on consumer product safety standards, and that it will continue to review its trade practices compliance program with the assistance of an independent annual audit of its program for three years.
Parke Muir's Pty Ltd trading as Ross Parke The Good Guys Discount Warehouses
ss. 52 & 53(e) misleading and deceptive conduct and false claims about the price of goods or services
17 September 2004 undertaking in relation to was/now advertising. Parke Muir's gave court enforceable undertakings that it:
will not, in trade or commerce, advertise a ‘WAS’ price for a product unless Parke Muir's has sufficient evidence to demonstrate that the advertisement is not misleading
will publish in the Geelong Advertiser, within 14 days of the signing of the undertaking, an apology in the form annexed to the attached undertaking and
will, within three months after signing the undertaking, create and maintain at its own expense, a trade practices compliance program, which will be independently audited on an annual basis for a period of two years.
MIA Group Limited
ss. 50 & 81 prohibits the acquisition of shares or assets which would amount to a substantial lessening of competition for goods or services in any market, and divestiture of shares or assets illegally acquired or a declaration that a share transaction is void in the case of a prohibited merger
16 September 2004 undertaking requiring that MIA maintains its sites as going concerns to ensure that they offer a competitive constraint following the acquisition by the DCA Group Limited of MIA. Note: related to this undertaking is the DCA Group undertaking of the same date.
DCA Group Limited
ss. 50 & 81 prohibits the acquisition of shares or assets which would amount to a substantial lessening of competition for goods or services in any market, and divestiture of shares or assets illegally acquired or a declaration that a share transaction is void in the case of a prohibited merger
16 September 2004 undertaking relating to concern at the competitive effects of the proposed acquisition in the market for the supply of diagnostic imaging service (excluding nuclear medicine and MRI), excluding all in-patients at public hospitals in Adelaide and mid-north rural/Barossa. DCA has offered the undertakings which require it to:
divest seven businesses (the Mayo Clinic, the Memorial Clinic, the Calvary Clinic, the Europa Clinic, the Salisbury Clinic, the Ingle View Clinic and the Mitcham Clinic) before 31 March 2005, after which the assets will be sold within eight weeks in a ‘fallback’ process
maintain and operate the businesses as competitive going concerns
sell only to a purchaser approved by the ACCC
in Adelaide, release radiologists at any of the divestiture sites to acquire or work at any of the divestiture sites
provide, if requested by a purchaser, the services of radiologists for a purchaser who may not have been able to attract a radiologist to service a divestiture business, and
in regional areas encompassing five public hospitals (Port Lincoln, Port Pirie, Whyalla, Port Augusta and Clare), release radiologists from their restraint of trade obligations when the contracts for those hospitals have concluded so that the radiologist may be able to offer their services to a competing tenderer for the contract at the site.
Cadbury Schweppes Pty Ltd
s. 52 misleading or deceptive conduct
13 September 2004 undertaking about the labelling of The Natural Confectionery Company (TNCC) range of confectionery products. Cadbury Schweppes has undertaken to:
ensure that none of the remaining stocks of finished TNCC products in the old packaging are sold or distributed
notify consumers in Australia by means of a consumer notice and apology to be published in Australia's daily newspapers that Cadbury Schweppes acquired TNCC with effect from 28 April 2003
offer a full refund (redeemable by way of a store voucher) to all consumers who purchased TNCC products, from that date, in the old packaging from a retail outlet in reliance on the ownership representations and
refrain from making any future representation to the effect that Cadbury Schweppes is 100 per cent Australian owned.
Australian Association of Agricultural Consultants (WA) Inc
s. 45 (45A) anti-competitive agreements and exclusionary provisions, agreements that fix prices
13 September 2004 undertaking in relation to price-fixing. The undertaking provides that the association:
will not engage in similar conduct in the future
will advise its members of the result of the ACCC’s investigation
will conclude its review of relevant instruments (including the Association’s Constitution and Code of Ethics) and
will provide its members and the ACCC with a copy of the revised instruments.
ASEMA International Pty Ltd
ss. 52 & 53(aa) misleading or deceptive conduct and the standard, quality, value, grade, composition, style, model or history of goods or services
6 September 2004 undertaking in relation to product testing of trolley jack. ASEMA has given court enforceable undertakings that it will:
for a period of three years cease to use the words ‘compliance certificate’ when issuing test certificates
for a period of three years will ensure that all test certificates issued will include all assumptions made and the context of the testing and
