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On 29 April 2011 the ACCC accepted a variation to the section 87B undertaking given by Flinders Ports on 9 September 2008 to take into account Flinders Ports’ proposed acquisition of DP World (SA)’s interest in the joint venture.
Prime Fuel Distributors Pty Ltd, trading as Speedway Meadows and Speedway Mt Pritchard has provided court enforceable undertakings to the ACCC following an investigation relating to the breach of the Trade Practices Act 1974*
Prime admits that it engaged in the misleading conduct in contravention of sections 52, 53(a) and 55 of the Trade Practices Act 1974 when it promoted and sold the same petrol as two different petrol products at two different price points
As the onsite day-to-day manager of both service stations, Mr Jamil El-Khoury has provided a separate court-enforceable undertaking to the ACCC
The undertaking requires Mr Jamil El-Khoury to not engage in, or be directly or indirectly knowingly concerned in, or party to, the promotion and sale of different fuels (including the fuels labelled "Unleaded" and "Unleaded 95" or "[E10] Unleaded 95") at any service station, when in fact those different fuels promoted and sold to customers are the same fuel
*On 1 January 2011 as part of the Australian Consumer Law amendments the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010