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On 31 March 2010 the ACCC accepted the undertaking of Agilent Technologies Inc and Agilent Technologies Australia Pty Ltd in relation to the ACCC's decision not to oppose Agilent's proposed acquisition of Varian Inc.
The undertaking requires Agilent to comply with its commitments to the European Commission to divest the following businesses:
Agilent's micro/portable gas chromatography instruments (micro/portable GC) business
Varian's laboratory gas chromatography instruments (laboratory GC) business
Varian's triple quadrupole gas chromatography mass spectrometry instruments (triple quad GC-MS) business
Varian's inductively coupled plasma mass spectrometry instruments (ICP-MS) business
The ACCC has approved Inficon Inc as the purchaser of the micro/portable GC business and Bruker Corporation as the purchaser of the laboratory GC, triple quad GC-MS and ICP-MS businesses.
A Public Competition Assessment, outlining the reasons for the ACCC's decision, will be released shortly.
Kincrome Australia Pty Ltd carries on business as a wholesaler in the automotive, industrial and hardware markets.
In 2009, Kincrome caused three advertisements to be published in which it promoted certain tools for sale.
Big W is a trading division of Woolworths comprising of 159 Big W discount department stores throughout Australia. Big W stores sell a range of general merchandise products, including children’s nightwear products.
In or around September 2009 and in November 2009, the ACCC conducted routine surveys on children’s nightwear products sold in retail outlets, including Big W stores. Testing commissioned by the ACCC as part of these surveys indicated that three children’s nightwear products sold in Big W stores were incorrectly labelled as “low fire danger”. Under the mandatory standard for the labelling of children’s nightwear, these products should have been labelled “warning high fire danger keep away from fire”. The products had been supplied to Big W by Vinetex & Co Pty Ltd.
Woolworths acknowledges that by offering these products for retail sale in circumstances where the garments carried the incorrect fire warning label it was likely to have contravened sections 52, 53(a), 53(c) and 65C of the Trade Practices Act.
When contacted by the ACCC Woolworths undertook corrective action by conducting a voluntary recall of 27 lines of garments on 26 September 2009 and an additional 8 lines on 7 October 2009. Big W also issued a public apology notice on 12 December 2009.
Vinetex & Co Pty Ltd (Vinetex) is a privately owned Australian company. It carries on a business of purchasing a range of garments from Chinese suppliers and on-selling this clothing to Australian retail outlets, including Big W.
In or around September 2009 and in November 2009, the ACCC conducted routine surveys on children’s nightwear products sold in retail outlets, including Big W stores. Testing commissioned by the ACCC as part of these surveys indicated that three children’s nightwear products sold in Big W stores were incorrectly labelled as “low fire danger”. Under the mandatory standard for the labelling of children’s nightwear, these products should have been labelled “warning high fire danger keep away from fire”.
Vinetex acknowledges that by supplying the children’s nightwear products to Big W that carried the incorrect fire warning label it was likely to have contravened sections 52, 53(a), 53(c) and 65C of the Trade Practices Act.
Vinetex has provided an undertaking to the ACCC that it will refrain from supplying children’s nightwear products that do not comply with the standard and that it will establish a Trade Practices Compliance Program.