Jordan Tatum Enterprises Pty Ltd and Nathan Burgess Hunt
s. 45. Anti-competitive agreements
The ACCC has accepted court enforceable undertakings from Jordan Tatum Enterprises Pty Ltd (JTE), a hotelier in Ayr, North Queensland and the hotel’s sole director, Mr Hunt, for attempting to fix the price of over-the-bar alcoholic beverages with five other hoteliers in Ayr.
Although no agreement was reached between the hoteliers, the attempt to fix prices between competitors may contravene the Act.
The company and Mr Hunt have admitted the conduct may have constituted an attempted contravention of s. 45 of the Act, which prohibits price fixing.
JTE and Mr Hunt have given court enforceable undertakings that:
they will not engage in any activity constituting price fixing or attempting to fix prices
Mr Hunt will undertake annual trade practices compliance training for three years
Mr Hunt will use his best endeavours to have published, in an Australian hotel industry newsletter, an article concerning price fixing
they will implement and maintain a trade practices compliance program in relation to any business currently operating, or acquired within the next three years, by JTE or any other corporation controlled by Mr Hunt.
Quizno’s Australia Pty Ltd, the former Australian master franchisee for the Quizno's Sub chain of quick service restaurants, has provided a court enforceable undertaking to the ACCC following the ACCC’s investigation of complaints by Quizno's franchisees regarding the promotion and sale of franchise territories. The ACCC considered that various representations made to franchisees and potential franchisees were misleading and deceptive or were likely to mislead or deceive in breach of s. 52 of the Act, and may have caused loss or damage to those franchisees.
Quizno's Australia (now named ACN 098 540 633 Pty Ltd) has offered franchisees who have formally complained to the ACCC payments of at least a full refund of the standard franchise fee.
Uniden Australia Pty Ltd has offered court enforceable undertakings to the ACCC requiring it to cease representations that its Atlantis 250 VHF marine handheld two-way radio is waterproof, given that the standard Uniden used to support its claim only referred to the classification of 'splash-proof'.
Uniden has also undertaken to do the following:
replace all marine radio packaging containing the term 'waterproof' with revised packaging containing the term 'splash-proof'
write to all Uniden retailers/wholesalers and service agents advising them of:
the ACCC's concerns
the packaging changes
the additional rights available to consumers, who have the option of obtaining a full refund, replacement or repair
extend its warranty protection to cover for water damage relating to marine radios represented as being 'waterproof'
publish a public disclosure notice on the Uniden website
