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Section 87B undertakings

Toll Holdings Limited

s. 50. Prohibition of acquisitions that would result in a substantial lessening of competition

On 20 January 2006 Toll Holdings undertook:

  • not to waive the condition in clause 16.12(b) of Toll's offer to acquire all the outstanding shares of Patrick Corporation Limited
  • not to acquire any legal or equitable interest in any shares in the capital of Patrick
  • not to acquire any business or capital assets of Patrick before the close of Toll's offer
  • or to seek to have any person appointed as a director of Patrick before the close of Toll's offer.

St John of God Health Care Inc., Lake Imaging Pty Ltd

s. 50. Prohibition of acquisitions that would result in a substantial lessening of competition

On 3 March 2006 Lake Imaging Pty Ltd gave undertakings not to enforce or attempt to enforce restrictions in its sale of business agreement with St John of God Health Care Inc. (SJGHC) restricting SJGHC from offering ultrasound services in Ballarat (except at the St John of God Hospital). SJGHC has also undertaken not to enforce or attempt to enforce restrictions in its contracts with the radiologists of Western Medical Imaging restricting them from offering ultrasound services in Ballarat.

Just Squeezed Fruit Juices Proprietary Limited and Just Squeezed Fruit Juices (NSW) Proprietary Limited

ss. 52, 53(a), 55. Alleged misleading or deceptive conduct; false or misleading representations that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use; mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose or the quantity of any goods

On 27 March 2006 Just Squeezed Fruit Juices Proprietary Limited and Just Squeezed Fruit Juices (NSW) Proprietary Limited gave an undertaking to the ACCC that they will:

  • cease manufacturing fruit juice products under the brand name ‘just Squeezed FRUIT JUICES’ by 31 March 2006
  • supply all fruit juice products manufactured on or after 1 April 2006 under the new brand name ‘just Delicious FRUIT JUICES’
  • not engage in similar conduct in future for a period of three years
  • publish a newspaper notice advising consumers of these undertakings
  • implement a trade practices compliance program.
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