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JB Hi Fi is a fully owned subsidiary of JB Hi-Fi Limited (an ASX listed company).
JB Hi Fi has provided a section 87B Undertaking to the ACCC following allegations that it entered into an agreement that may have contravened section 45 of the Trade Practices Act 1974 (the Act) on the basis that the agreement included an exclusionary provision.
It is alleged that JB Hi-Fi paid (I Can't Get No) Satisfaction (Satisfaction), a small-sized CD/DVD retailer in Ballarat, $150,000 to close its business and instructed its Solicitors to prepare a Restriction Agreement which it ultimately entered into with Satisfaction. This Restriction Agreement required that Satisfaction close its store and remain out of the market for 2 years, as well as containing a term requiring Satisfaction to arrange with the lessor not to re-let the premises to another CD/DVD retailer for 1 year.
Rite Price Wholesalers Pty Ltd (Rite Price) has provided court enforceable undertakings to the ACCC after one of the products Rite Price had imported and supplied to retailers did not comply with a mandatory consumer protection notice.
On 17 September 2007 a ban on products containing accessible materials with a lead migration of more than 90 milligrams per kilogram was introduced under Consumer Protection Notice No.
Kleenheat Gas has given the ACCC a s.87B undertaking after the ACCC expressed concerns that Kleenheat Gas engaged in misleading or deceptive conduct by varying the pricing for bulk LPG supplied to particular customers in 2002 and 2003, selected as 'Managed Monthly Accounts' or 'Quickhits', contrary to representations it made to those customers as to how their prices would move.
The ACCC had also expressed concerns to Kleenheat Gas that, in relation to certain bulk LPG supply contracts signed in 2000 and 2002, there was potential for customers to be misled as to the nature of the documents they were signing.
The s.87B undertaking provided by Kleenheat Gas forms part of an agreed resolution between the ACCC and Kleenheat Gas, together with consent orders in