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**This undertaking has been superseded by the revised undertaking dated 5 July, 2005**
The ACCC has accepted an undertaking from Perkins Shipping with regard to access to port facilities at Gove and maintaining levels of customer service. The undertaking follows on from the acquisition by Perkins of Gulf Freight Services, which formerly competed with Perkins in the provision of coastal shipping services to the remote communities of north-western Australia, the Northern Territory and the Gulf of Carpentaria.
The ACCC's market inquiries gave rise to a concern that as a result of the acquisition, any new entrants to the market which may potentially compete with Perkins could be foreclosed from access to and use of the present wharf facilities and any new wharf facility in the Port of Gove. The nature of the market is such that new entry may be infrequent because of economies of scale, the duration of major freight contracts as well as the remoteness and size of many of the communities. However, the ACCC considered it important to ensure that access at Gove, a major port in the region, would be available in the event of new entry.
The undertaking provides that Perkins will not, consistent with its own operations, hinder or prevent any new entrant which:
uses or proposes to use the new wharf for land transport, freight forwarding operations or the movement by sea of goods or produce, or
provides or proposes to provide services at the Port of Gove from having access to the new wharf and associated hard stands and access roads.
Market inquiries also revealed some concern on the part of remote communities that services may decline with one operator providing coastal cargo services in the region.
Perkins Shipping will take steps to publicise its service charter (which will reflect industry best practice and cover the nature of its services, delivery times/scheduling, pricing policies, policies with respect to damage to goods, insurance and complaints handling) and will institute a dispute resolution procedure involving independent referees and experts where necessary. The charter and dispute resolution measures will be made available to Perkins' customers, including remote communities.
Reader's Digest (Australia) Pty Limited has admitted that it engaged in conduct that constituted contraventions of sections 52, 53(g) and 64 of the Trade Practices Act 1974.
In December 2003, the Commission granted Telstra an anticipatory individual exemption order pursuant to section 152ATA(3)(a) of the Act in relation to a proposed digital pay TV service. The order was granted subject, inter alia, to the condition that Telstra vary its section 87B undertaking given in relation to the Foxtel - Optus content sharing agreement approved by the Commission in November 2002, in the manner specified in the exemption order. This variation should be read in conjunction with Telstra's section 87B undertaking of 21 November 2002.
In December 2003, the Commission granted Foxtel an anticipatory individual exemption order pursuant to section 152ATA(3)(a) of the Act in relation to a proposed digital pay TV service. The order was granted subject inter alia, to the condition that Foxtel vary its section 87B undertaking given in relation to the Foxtel - Optus - Telstra content sharing agreement approved by the Commission in November 2002, in the manner specified in the exemption order. This variation should be read in conjunction with Foxtel's section 87B undertaking of 21 November 2002.
San Remo Macaroni Company Pty Ltd (San Remo) is a manufacturer and wholesaler of pasta and other foods.
Heatshield Ductair Pty Ltd, an Adelaide based air conditioning ducting manufacturer, has provided section 87B Undertakings to the ACCC in relation to false and misleading representations made about the energy efficiency of its flexible ducting products.
Heatshield Ductair engaged a research group to test the insulation aspects of its flexible ducting against a selection of its competitors’ products. Using the test results to promote its products, the company made misleading comparison claims against its competitors.
Heatshield Ductair has undertaken to:
cease making the false and misleading representations;
apologise in writing to its customers and competitors; and
implement a trade practices compliance program for a period of 3 years.
Following misrepresentation of the availability of rear power windows on Toyota Corolla Levin wagons from December 2001 to October 2002, the Commission accepted court enforceable undertakings from Toyota Motor Corporation Australia Limited.
The undertakings include consumer redress measures to be taken and details of a future compliance review program.
These are Variations to the Undertakings accepted by the Commission on 13 December 2002.
The Variation provides for the closure of the Val Morgan slide advertising business.
Val Morgan will:
honour existing contractual obligations to exhibitors and advertisers;
honour their contractual obligations to Independent Exhibitors and, where required by those obligations, continue to pay agreed minimum guarantee payments where there is no mechanism to adjust the minimum guaranteed payment as a result of ceasing to sell any further slide advertisements for exhibition on the screens of the Independent Exhibitor.
In addition:
Val Morgan are to provide reasonable notice (2 months) to exhibitors as soon as possible that Val Morgan will not continue to sell slide advertising; and
that all existing contracts with advertisers (including those entered into during the notice period) being honoured and allowed to continue after the date on which Val Morgan cease to sell slide advertising until their contractual obligations are satisfied
The ACCC is concerned that an agreement between Des's Cabs Pty Ltd and private taxi owners in Whyalla and Port Augusta to introduce a roster may have contravened section 45 of the TPA.
In order to address these concerns Des's Cabs has agreed to give a section 87B undertaking which includes:
refraining from agreeing to or operating a roster arrangement or system that specifies when taxis or taxi owners or operators are not permitted to seek work; and
undertaking a Trade Practices compliance program.
Schwarze Industries Australia Pty Ltd (CAN 089 416 937) (“Schwarze”) sells throughout Australia a range of road sweepers including the following models:
A6500XL; andA5500.
The purchasers of these road sweepers are predominantly local government authorities as well as a number of other commercial entities that use the vehicles for cleaning facilities or to contract sweep local government and industrial sites.
The Commission has expressed concerns regarding certain documentation distributed by Schwarze at various times over a period of approximately two years in response to tender requests from many local government authorities and appearing on its website, which included some representations as to the Australian Content of the above sweepers and the country of origin of some of the constituent parts of the sweepers that may contravene sections 52, 53(a), 53(eb) and 55 of the Trade Practices Act 1974 (“the Act”).
In view of the Commission’s concerns, Schwarze has entered into an undertaking with the Commission pursuant to section 87B of the Act to address concerns raised, whereby Schwarze agrees to:
cease making representations of the type referred to above;
circulate a Corrective Notice to affected consumers; and
implement a Trade Practices Compliance Program
On 23 October 2003 the Commission accepted court enforceable undertakings from Minmetals Australia Pty Ltd to stop supplying children's toy dart gun sets with suction darts.