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On 20 April 2023, the ACCC announced it had accepted a court-enforceable divestiture undertaking (Undertaking) given by Sika AG and its subsidiary, Sika Australia Pty Ltd (together, Sika) pursuant to s87B of the Competition and Consumer Act 2010 (Cth) in connection with Sika AG’s proposed acquisition of MBCC group of companies (MBCC) (the Proposed Acquisition).
On 23 December 2022, the ACCC accepted an instrument that varies the section 87B undertaking given to the ACCC by Telstra Corporation Limited and NBN Co Limited and that incorporates Telstra Limited as a new party to the undertaking. The purpose of these changes is to ensure the continued application of the undertaking following changes to Telstra’s corporate structure.
These changes to the undertaking took effect from 1 January 2023.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking proffered by Retail Food Group Ltd (RFGL) as part of the settlement of the ACCC’s proceedings against RFGL and a number of subsidiaries (RFG).
On 23 December 2022, the ACCC announced it had accepted an undertaking (the Undertaking) given by Endeavour Group Limited (Endeavour) on behalf of itself and its subsidiaries in connection with Endeavour’s proposal to acquire the Beach Hotel in Seaford, South Australia (the Proposed Acquisition).
The Undertaking requires that Endeavour divest its BWS Seaford store to an ACCC approved purchaser.
Endeavour sought an expedited review and offered the divestiture undertaking which would remove the competitive overlap between the parties in the local retail market for packaged liquor for off-site consumption (the Relevant Market).
On 13 December 2022, the Australian Competition and Consumer Commission (ACCC) accepted a court enforceable undertaking from Fowler Homes Pty Ltd (Fowler Homes) in relation to unfair contract terms in its standard home building contract (the Fowler Homes Contract).
The purpose of this Variation to the Undertaking is to update details about the standard home building contract which is specified in the Undertaking and to extend the time for compliance with paragraph 4.3 of the Undertaking and paragraph 1 of Attachment B to the Undertaking (the ACL Compliance Program)
The Australian Competition and Consumer Commission (ACCC) has accepted court enforceable undertakings from United Florists Pty Ltd (United Florists) and Elysium Marketing Pty Ltd (Elysium Marketing) for false or misleading representations made on Lily’s Florist webpages in contravention of sections 18, 29(1)(k) and 33 of the Australian Consumer Law (ACL) in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (CCA).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Fowler Homes Pty Ltd (Fowler Homes) in relation to unfair contract terms in its standard home building contract (the Fowler Homes Contract).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Lawn Solutions Australia Group Pty Ltd (LSA) under section 87B of the Competition and Consumer Act 2010 (Cth).