6 results, showing 1 to 6
On 15 August 2007, the ACCC decided not to intervene in Healthscope Limited’s (Healthscope’s) proposed acquisition of Symbion Health Limited (Symbion) after accepting an undertaking from Healthscope to divest a number of pathology businesses in the north-eastern and Gippsland regions of Victoria.
The ACCC decided that the proposed acquisition, after taking account of the undertaking, is unlikely to substantially lessen competition in the market for the provision of community pathology services in Victoria, for the purposes of section 50 of the Trade Practices Act 1974.
Healthscope undertook to:
divest the Gippsland pathology business, Benalla pathology business and Albury pathology business operated by Symbion and the Wangaratta pathology business operated by Healthscope (together the divestiture business) to a purchaser approved by the ACCC within a specified timeframe;
appoint a divestiture agent to sell the divestiture business if Healthscope is unable to sell the divestiture business within the specified timeframe;
ensure that the management of Healthscope is kept separate from the management of the divestiture business until the divestiture business is divested; and
appoint an independent manager to manage the divestiture business as a separate, fully operational and competitive going concern until it is divested.
On 8 August 2007 Babcock & Brown Power Limited, Babcock & Brown Power Services Limited in its capacity as trustee of the Babcock & Brown Power Trust, Babcock & Brown Infrastructure Limited and Babcock & Brown Investor Services Limited as trustee for the Babcock & Brown Infrastructure Trust offered undertakings to the ACCC in connection with the parties' proposed acquisition of Alinta Limited.
Under the proposed acquisition Alinta’s gas and electricity assets, a 35% interest in the Australian Pipeline Trust, and shares in Australian Pipeline Limited, will be allocated between Singapore Power and Babcock and Brown funds.
The undertakings require the Babcock and Brown Infrastructure Fund to ensure that information relating to the operation of the Dampier to Bunbury Natural Gas Pipeline in Western Australia is not disclosed to other Babcock and Brown entities including the Babcock and Brown Power Fund.
The Babcock and Brown Power Fund operates energy businesses that obtain gas supply from the Dampier to Bunbury Pipeline and which compete against other businesses who also rely upon the pipeline for their supplies of gas.
A Public Competition Assessment is available in the Mergers section of the ACCC's website.
On 29 March 2011 Alinta Energy (previously Babcock & Brown Power Limited and now Redbank Energy Limited) completed a corporate restructure and Redbank ceased to hold any interest in a Downstream Business (as defined in the Undertaking).
On 8 August 2007 Singapore Power International Pte Ltd, Babcock & Brown Infrastructure Limited and Babcock & Brown Investor Services Limited as trustee for the Babcock & Brown Infrastructure Trust offered undertakings to the ACCC in connection with the parties' proposed acquisition of Alinta Limited.
Under the proposed acquisition Alinta’s gas and electricity assets, a 35% interest in the Australian Pipeline Trust, and shares in Australian Pipeline Limited, will be allocated between Singapore Power and Babcock and Brown funds.
The undertakings ensure that Alinta’s 35% interest in APT, which owns the Moomba to Sydney Pipeline and the Parmelia Pipeline, as well as the operating and maintenance contracts for the Moomba to Sydney and Parmelia pipelines, and the APL shares, are divested.
The APT units, and the operating and maintenance contracts will be ring-fenced from the consortium parties’ respective businesses until they are divested.
A Public Competition Assessment is available in the Mergers section of the ACCC's website.
On 2 October 2013 the Undertaking given by Singapore Power International and Babcock and Brown Infrastructure Limited terminated in accordance with its terms.
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 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 of the ACCC's concerns, the packaging changes and 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 in relation to marine radios represented as being 'waterproof';
publish a public disclosure notice on the Uniden website; and
establish a trade practices compliance program.
On 18 July 2007, the ACCC decided that the acquisition of Golden Casket Lottery Corporation (Golden Casket) by Tattersall’s Limited (Tattersall’s) would be likely to substantially lessen competition in the market for monitoring and maintaining electronic gaming machines (EGMs) in Queensland, in breach of section 50 of the Trade Practices Act 1974.
On 20 July 2007, the ACCC accepted undertakings from Tattersall’s to remedy the ACCC’s competition concerns, and the ACCC decided not to intervene in the acquisition.
Tattersall’s undertook to:
divest Golden Casket subsidiary, Bounty Limited (Bounty), to a purchaser approved by the ACCC within a specified timeframe;
appoint a divestiture agent to sell Bounty if Tattersall’s is unable to sell Bounty within the specified timeframe;
ensure that the management of Bounty is kept separate from the management of Tattersall’s until Bounty is divested;
appoint an independent manager to manage Bounty until it is divested; and
facilitate each Bounty director to provide a section 87B undertaking to the ACCC that he/she would:
not use non-public Bounty information for the benefit of any person other than Bounty; and
not participate in any Tattersall’s discussions pertaining to the monitoring and maintenance of EGMs in Queensland.
These are the undertakings provided by Bounty director Paul James Leonard
Jordan Tatum Enterprises Pty Ltd (‘JTE’) is the proprietor of the Burdekin Hotel in Ayr, Queensland.
In about July 2006, Nathan Hunt, director of JTE and manager of the Burdekin Hotel, arranged a meeting with other hoteliers in Ayr to attempt to make or arrive at an arrangement or understanding in relation to the price of over-the-bar alcoholic beverages.
JTE and Mr Hunt have admitted that this conduct may have constituted an attempted contravention of section 45 of the TPA, which prohibits price fixing.
JTE and Mr Hunt have undertaken:
to not engage in any activity constituting price fixing or attempting to fix prices;
that Mr Hunt will undertake trade practices compliance training at least once a year for 3 years;
to use best endeavours to have published, in an Australian hotel industry newsletter, an article concerning price fixing; and
to implement and maintain a trade practices compliance program in relation to any business currently operating, or acquired within the next 3 years, by JTE or any other corporation controlled by Mr Hunt.
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