ACCC accepts court-enforceable undertakings from ice cream companies over attempted price fixing allegations

The Australian Competition and Consumer Commission has accepted court-enforceable undertakings from International Catering Pty Ltd, trading as Mr Yummy and Mr Yummy Australia Pty Ltd, over alleged attempted price fixing claims involving ice cream products in certain parts of south east Queensland.

International Catering Pty Ltd retails ice cream products through mobile vans and also wholesales ice cream products to various other retailers throughout certain parts of south east Queensland.

The ACCC alleged that representatives of the companies made approaches to competing vendors of ice cream products to attempt to obtain agreement that competitor vendors would match the prices of ice cream products sold by International Catering Pty Ltd in contravention of section 45 of the Trade Practices Act 1974.

It was not alleged that any price fixing arrangement had actually been reached between the companies and their competitors.

The companies acknowledged the concerns raised by the ACCC and offered the undertakings to address the ACCC's concerns. The companies have given court enforceable undertakings that they will:

• not attempt to induce competitors or make agreements with competitors regarding the price at which products are to be sold by the companies and/or its competitors
• issue a notice to competitors and customers alerting them to the undertaking and to ensure any future conduct similar to that alleged, by these companies does not contravene the Act, and
• undertake trade practices compliance training.

"The undertaking demonstrates the need for businesses to be aware of the Act and its requirements regardless of the size of the business involved", ACCC Chairman, Mr Graeme Samuel, said today. "Further, businesses need to be aware that even attempts to price fix is a contravention of the Trade Practices Act and the ACCC will investigate".

Copies of the undertaking will be available from the ACCC's website, under Public Registers.