Termico Pest Management Pty Ltd t/as Termico Pest Management Services
ss. 53, 53 (g), alleged false or misleading representations
27 April 2005 undertaking acknowledging alleged contraventions of the Trade Practices Act regarding termite protection warranty claims. Before April 2004 Termico Pest Management Pty Ltd trading as Termico Pest Management Services (Termico) represented in documents to homeowners, including in its New Home Termite Protection Warranty, that the Warranty was a 10-year warranty when in fact it was a 12-months warranty that could be renewed annually (up to 9 times) by the homeowner for an annual renewal fee.
Termico acknowledged the ACCC’s concerns and has provided court enforceable undertakings that:
it will not, in trade or commerce, make false or misleading representations to customers about the duration of the warranty
it will write to warranty holders to explain the effect of its conduct
it will implement and maintain a trade practices compliance program.
Ramsay Health Care Limited
s. 50, alleged substantial lessening of competition
13 April 2005 undertaking to divest 14 private hospitals (located in New South Wales, Victoria, Queensland and Western Australia) to CVC Asia Pacific Limited and Ironbridge Capital Pty Limited.
The undertaking acknowledges the ACCC has not had the opportunity to examine the acquisition to identify competition concerns and Ramsay has undertaken to hold separate and preserve the Affinity businesses as an independently viable going concern until the ACCC has completed its investigation and assessment of the acquisition.
The undertaking also recognises the ACCC may identify competition concerns arising from the transaction in relevant markets providing private hospital services in Australia and gives the ACCC broad power to require Ramsay to divest hospitals to address those concerns.
CVC Asia Pacific Limited and Ironbridge Capital Pty Limited
s. 50, alleged substantial lessening of competition
13 April 2005 undertaking to execute a confidential Heads of Agreement with Ramsay for the acquisition of 14 private hospitals in New South Wales, Victoria, Queensland and Western Australia.
The CVC and Ironbridge undertaking will operate in unison with the Ramsay undertaking.
LG Australia Electronics Australia Pty Ltd
ss. 52, 53(c), alleged misleading or deceptive conduct, false or misleading representations
6 April 2005 undertaking by LG that it will:
place a corrective notice on the LG Australia website
send a corrective notice to retailers
upgrade and maintain its trade practices compliance program
Between May 2004 and August 2004 LG Australia released certain models of its washing machines for sale into the Australian market and represented that they were approved ‘4A Rated’ by Water Services Association of Australia (WSAA) when in fact, at the time they were not.
LG also released a brochure in June 2004 which represented that the machines were 4A certified and posted this on the LG Australia website.
Western Australian consumers who bought these machines and approached the Water Corporation for a $150 Waterwise Rebate may have had their claims rejected, as certification was not complete until 28 August 2004.
Grab It (Qld) Pty Ltd
ss. 52, 53(eb), 65D, alleged misleading or deceptive conduct, false or misleading representations, product information standards
5 April 2005 undertaking by Grab It (QLD) and Groove Accessories (NSW) that they will:
refrain from selling or offering for sale cosmetics without the ingredients being correctly listed
refrain from selling or offering for sale cosmetics that have false or misleading place of origin representation
engage in corrective advertising
cause a sign to be displayed advising of non-compliance of certain products
implement a trade practices compliance program.
Grab It (QLD) and Groove Accessories (NSW) stores supplied certain cosmetic products which did not comply with the Cosmetics Standard in that they did not have the ingredients listed on the containers, nor did they supply in-store signage or listings of ingredients as an alternative reference for customers.
The stores also supplied cosmetic products which may have misled consumers as to their place of origin.
Chazel Pty Ltd
ss. 52 & 53(eb), alleged misleading or deceptive conduct, false or misleading representations
5 April undertaking that they will not supply products that may mislead consumers about their place of origin.
Chazel has undertaken to:
refrain from supplying cosmetics that have false or misleading place of origin representation; and
implement a trade practices compliance program.
Chazel Pty Ltd supplied cosmetic products which may have misled consumers as to their place of origin.
Givic Pty Ltd
ss. 52, 53(eb), 65D, alleged misleading or deceptive conduct, false or misleading representations, product information standards
5 April undertaking not to mislead consumers about place of origin claims on products.
Grab It stores, Victoria, supplied certain cosmetic products which did not comply with the Cosmetics Standard in that they did not have the ingredients listed on the containers, nor did they supply in-store signage or listings of ingredients as an alternative reference for customers.
The stores also supplied cosmetic products which may have misled consumers as to their place of origin.
An undertaking has been given by the traders that they will:
refrain from selling or offering for sale cosmetics without the ingredients being correctly listed
refrain from selling or offering for sale cosmetics that have false or misleading place of origin representation
cause a sign to be displayed advising of non-compliance of certain products
