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This undertaking has been withdrawn
In light of the acceptance by the ACCC on 13 August 2007 of undertakings given by Babcock and Brown Infrastructure Limited, Singapore Power International Pte Ltd and Babcock and Brown Investor Services Limited, Alinta's undertakings of 27 November 2006 were considered no longer relevant and were withdrawn.
27 November 2006 Undertaking summary:
On 3 August 2006, the ACCC issued a media release announcing that it had accepted undertakings offered by Alinta Limited pursuant to section 87B of the TPA in relation to the Alinta-AGL Joint Merger Proposal.
As background, the ACCC notes that during the period prior to accepting the undertakings it considered 3 different proposals relating to AGL and Alinta.
The first proposal was AGL’s proposed acquisition of Alinta.
Adairs The House of Linen (Aust) Pty Ltd (Adairs) has acknowledged that the 100% goose down content claims it made for its 'Downtime' brand down quilts may have been false and liable to mislead consumers and may contravene the TPA.
ACCC testing of two 'Downtime' brand down quilts showed that the quilts contained in the range of 70% - 86% goose down, significantly less than the represented 100%.
Adairs advised the ACCC that the 100% down content claims it made for its 'Downtime' brand quilts were made in reliance on the labelling percentage tolerances allowed in Australian Standard 2479-1987 ('Down and/or feather filling materials and filled products') and that it had not intended to mislead or deceive consumers.
Adairs has undertaken to:
offer refunds to consumers who purchased a 'Downtime' brand quilt represented to contain 100% goose down; and
refrain in future from making any down content claims for its products unless the claims can be substantiated by independent testing on its finished products where the manufacturing process has been completed.
Adairs will implement a trade practices compliance program for Adairs employees and other persons involved in its business.
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