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The attached document varies the undertaking accepted by the ACCC on 13 April 2005.
Primarily the variation:
requires the CEO of each divestiture hospital to provide a Ramsay Manager approved by the ACCC with 'equivalent periodic reporting information' as was provided to Affinity senior management pre-acquisition;
allows the Ramsay Manager to intervene in the management of a divestiture hospital if, and only to the extent that, he believes intervention is necessary to preserve the value or effective operation of that business; and
allows Ramsay to retain North West Hospital in Brisbane
Mountain Designs Pty Ltd, trading as Mountain Designs, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its outdoor down products, particularly its down sleeping bags.
Mountain Designs has represented to consumers that its down sleeping bags contain 100% goose down or 100% duck down or 100% pure down. It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.
Kathmandu Pty Ltd, trading as Kathmandu, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its outdoor down products, particularly its ‘Goosedown’ sleeping bags.
Kathmandu has represented to consumers that its ‘Goosedown’ sleeping bags contain a minimum 90% down, which in the context strongly implies to consumers a minimum 90% goosedown.
ACCC testing of two Kathmandu ‘Goosedown’ sleeping bags showed that one Kathmandu sleeping bag contained 75.7% goosedown, while the other Kathmandu sleeping bag contained 78.3% goosedown, both significantly short of the implied minimum 90% goosedown.
New Zealand company Macpac Wilderness Equipment Limited, trading as Macpac, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its outdoor down products, particularly its down sleeping bags.
Macpac has represented to consumers that some of its down sleeping bags contain 100% goosedown. It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.
New Zealand company Arthur Ellis Limited (Arthur Ellis), trading as ‘Fairydown’ and ‘Zone’ has provided a court enforceable undertaking to the ACCC in respect to representations concerning its outdoor down products, particularly its ‘Fairydown’ brand down sleeping bags.
Arthur Ellis has represented to consumers that some of its ‘Fairydown’ down sleeping bags contain 100% goosedown. It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.
In or about May 2005, Forty Winks published and distributed its "Celebration Sale" catalogue throughout Australia.
Janue Pty Ltd (Janue), trading as All Modes Dangerous Goods Training (AMDGT), has provided court enforceable undertakings to the ACCC after making what the ACCC considers to be false and misleading representations on its website.
AMDGT provides dangerous goods handling training to airline and transport company staff throughout Australia.
Mont Adventure Equipment Pty Ltd, trading as Mont, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its outdoor down products, particularly its down sleeping bags.
Mont has represented to consumers that some of its down sleeping bags contain 100% goose down or 100% duck down.
AAA Embroidery & Screen Printing has offered an undertaking that it:
will not represent that goods are made in Australia, unless the goods meet the defence test for country of origin claims
will advise resellers to remove incorrect labels
will undertake trade practices education
Adventure One Pty Ltd, trading as One Planet, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its down sleeping bags.
Adventure One has represented to consumers that some of its 'One Planet' down sleeping bags contain 100% down.
Paddy Pallin Pty Ltd, trading as Paddy Pallin, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its down sleeping bags.
Paddy Pallin has represented to consumers that some of its down sleeping bags contain 100% down.
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