ss. 50, 46. Prohibition of acquisitions that would result in a substantial lessening of competition
On 1 November 2005 the ACCC decided to withdraw an undertaking that had been given by the Australian Stock Exchange Limited (ASX) and the ASX Settlement and Transfer Corporation (ASTC) on 8 May 2000. This undertaking related to the ASX's joint venture with Perpetual Trustees Australia Limited. The ASX and Perpetual have sold the joint venture with the ASX and ASTC having no further interest.
A.P. Moller-Maersk
s. 50. Prohibition of acquisitions that would result in a substantial lessening of competition
On 1 November 2005 A.P. Moller-Maersk gave an undertaking that varied the undertaking originally given by it on 3 August 2005 in connection with the acquisition of Royal P&O Nedlloyd N.V.
Imperial Tobacco Australia Limited
ss. 52, 53(a), 53(c), 55. Alleged false or misleading representations, misleading representations as to the nature, manufacturing process, characteristics, or suitability of purpose of goods
On 7th November 2005 Imperial Tobacco Australia gave undertakings that it would:
remove 'light' and 'mild' descriptors and related numbers from all cigarettes produced for Australian consumers by 1 October 2005 and by 24 October for imported cigarettes
not make claims about the health benefits of low yield cigarettes when compared to high yield cigarettes
pay $1 million to the ACCC to fund anti-smoking consumer education campaigns and programs on low-yield cigarettes.
Mr Yummy Australia Pty Ltd (International Catering Pty Ltd)
ss. 45, 45A. Anti-competitive agreements and exclusionary provisions, agreements that fix prices
On 9th November 2005 Mr Yummy Australia Pty Ltd, which owns certain trade names including 'Mr Yummy', and International Catering Pty Ltd (the companies) gave an undertaking that for three years:
they will not in trade or commerce attempt to induce competitors to make arrangements regarding prices at which products are to be sold by the companies and/or their competitors
they will not in trade or commerce make agreements with competitors regarding the prices at which products are to be sold by the companies and/or their competitors
they will, within 30 days of the acceptance of this undertaking, issue notices to competitors or customers in the form provided in Annexure A in the undertaking, to the persons listed in Annexure B of the undertaking subject only to such variations as may be agreed to by the ACCC in writing
they and the directors of the companies undertake to the ACCC for the purposes of s. 87B of the Trade Practices Act that the persons listed in Annexure C will attend trade practices training covering ss. 45, 45A, 48 and 96 of the Act in accordance with the requirements set out in the undertaking.
Break Free Holidays Pty Ltd
s. 52. Alleged misleading or deceptive conduct
On 11th November 2005 Undertaking Break Free Holidays Pty Ltd gave undertakings to the ACCC in relation to the six trademarks it holds over the word ‘schoolies’.
The ACCC had concerns covering five areas of potentially misleading and deceptive conduct on the part of Break Free Holidays:
use of the symbol ‘TM’ or ® in conjunction with the word ‘Schoolies’
advising others that Break Free Holidays holds trademarks over the word ‘Schoolies’
asserting to others that the use of the word ‘Schoolies’ may be an infringement of the trademark/s
threatening to commence legal action for infringement of the trademark/s
asserting that approval was required in order to be able to refer to ‘Schoolies’, or requesting that words to the effect of ‘used by permission of Break Free Holidays’ appear in conjunction with the word ‘Schoolies’.
Break Free Holidays has undertaken to:
not do any of the actions referred to above for five years, without first obtaining legal advice to the effect that the use by the third party of ‘Schoolies’ is use of the word as a trademark
establish a Register of Communications to document any approaches made to third parties about use of ‘schoolies’; this will be provided to the ACCC annually for three years
implement a compliance program to cover Part V Div 1 of the Trade Practices Act for three years.
