100 results, showing 81 to 100
On 18 April 2007 the ACCC accepted the undertaking of Mr Lim Yeow Beng, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Lim Yeow Beng agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 18 April 2007 the ACCC accepted the undertaking of Mr Koh Soo Keong, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Koh Soo Keong agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 18 April 2007 the ACCC accepted the undertaking of Mr Peter George, a director of Asciano Limited and/or its related bodies corporate.
Under the undertaking Mr Peter George agrees to remain an 'Independent Asciano Person'.
On 18 April 2007 the ACCC accepted the undertaking of Mr Saul Richard Cannon, a director of Asciano Limited and/or its related bodies corporate.
Under the undertaking Mr Saul Richard Cannon agrees to remain an 'Independent Asciano Person'.
On 18 April 2007 the ACCC accepted the undertaking of Mr Neil Chatfield, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Neil Chatfield agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano. In addition, Mr Neil Chatfield must immediately resign from all positions within Toll, and take no further part in the company, if he ceases to meet the requisite standards of independence.
The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006. The fifth variation relates to Toll's planned restructure of its group businesses by way of scheme of arrangement to create a new listed entity and trust.
The ACCC's decision to consent to the fifth variation is given effect through the following documents:
a variation to Toll's undertakings
a new undertaking from Asciano Limited, and
new undertakings from the directors of Toll and Asciano.
On 18 April 2007 the ACCC accepted the undertaking of Mr Goon Kok Loon, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Goon Kok Loon agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano. In addition, Mr Goon Kok Loon must immediately resign from all positions within Toll, and take no further part in the company, if he ceases to meet the requisite standards of independence.
The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006.
In October 2006, the ACCC raised concerns with Jaggad Pty Ltd (Jaggad) that some of its pricing terms in its Premium Dealer Agreements (PDA) may have amounted to resale price maintenance in contravention of section 48 of the Trade Practices Act 1974 (the Act).
Jaggad which is a manufacturer and wholesaler of Jaggad branded cycling, triathlon and multisport clothing (Jaggad Apparel) distributes Jaggad Apparel through selected independent cycling and sports fitness outlets nationally.
Jaggad, out of its approximate 220 distribution outlets, required 11 of its resellers identified as 'Premium Dealers' to sell Jaggad Apparel at the recommended retail prices set by Jaggad in its PDAs.
GlaxoSmithKline Australia Pty Limited (GSK Australia) provided court enforceable undertakings under section 87B of the Trade Practices Act 1974 (the Act) to the ACCC in relation to representations made in the marketing of its Ribena blackcurrant fruit drink products.
The ACCC had concerns that representations made on the packaging and promotional material for Ribena products were false or misleading and may breach sections 52, 53(a) and 53(c) of the Act.
In November 2006 the ACCC raised concerns with Ausia Australia Pty Ltd (Ausia) noting that staff of the ACCC had become aware of the sale of baby cots and baby walkers by Ausia on its eBay website Oz-Auction and noting concerns that the baby cots and baby walkers sold by Ausia may not comply with product safety standards.
The baby cots sold by Ausia included the New Adjustable Wooden Baby Cot and Bed/ w Truckle (KC 312) and (KC311). The baby walkers sold by Ausia included New 2-in-1 Baby Walker/Rocker W/Toys & Music (880 and 882) and baby walker models KXY398, KXY 180J, KXY302-1, 882P and 688PS.
In order to address the concerns of the ACCC, Ausia and its directors undertook to the ACCC to recall the baby cot and baby walker products sold by it giving rise to the ACCC's concerns (including those products sold through the Oz-Auction eBay site during the period prior to Ausia operating that site).
Ausia and its directors also undertook to publish a number of public disclosure notices educating businesses on their obligations under the Trade Practices Act 1974 (TPA) including the prohibition against selling products that do not comply with product safety standards and alerting parents of the dangers of purchasing products for their children that do not meet product safety standards.
In order to improve its ability to comply with its obligations under the TPA in the future, Ausia and its director also undertook to implement a trade practices compliance program and to maintain that program for a period of 3 years and 3 months.
A variation to the undertaking was provided by Alliance Factoring Pty Ltd in response to ongoing complaints about disputed debts since the original undertaking came into effect
In accordance with 17.1(f) of the undertaking of 21 November 2002, FOXTEL has notificed the ACCC that on 31 January 2007 it ceased to supply an analogue Subscription Television Service
Australian Feather Mills Pty Ltd, trading as AFM Downia, imports and wholesales "Downia" brand quilts to Australian retailers.
AFM Downia also supplies "David Jones" brand quilts to David Jones Limited.
AFM Downia has acknowledged that the 100% down content claims that it previously made for its "Downia" brand and "David Jones" brand quilts were false and liable to mislead consumers in likely contravention of the Trade Practices Act.
ACCC testing of a sample of "Downia" brand quilts represented to contain 100% goose down or 100% duck down showed that the quilts contained in the range of 80% - 90% down.
Tooltechnic Systems (Aust) Pty Ltd (Tooltechnic) is a wholesale supplier of power tools and/or power tool systems known by the brand “Festool” or “Festo” to hardware and power tool retailers throughout Australia.
Following an investigation, the ACCC has reached the view that Tooltechnic contravened section 48 of the Trade Practices Act 1974 by two (now former) Tooltechnic Area Managers, separately, on a total of three occasions, attempting to induce two Festool retailers not to sell Festool products at less than prices specified by Tooltechnic.
Mr Holger Schulz is and was at all material times the Company Secretary and Managing Director of Tooltechnic.
Mr Schulz acknowledges that certain of his conduct, together with deficient supervision and training of the Area Managers, may have contributed to an environment in which the alleged contraventions occurred.
Mr Schulz has provided court enforceable undertakings to the ACCC that he will not induce Tooltechnic, by its employees or otherwise, to make certain types of statements to retailers to the effect that they are not free to set their own retail prices.
Tooltechnic Systems (Aust) Pty Ltd (Tooltechnic) is a wholesale supplier of power tools and/or power tool systems known by the brand “Festool” or “Festo” to hardware and power tool retailers throughout Australia.
Following an investigation, the ACCC has reached the view that Tooltechnic contravened section 48 of the Trade Practices Act 1974 by two (now former) Tooltechnic Area Managers, separately, on a total of three occasions, attempting to induce two Festool retailers not to sell Festool products at less than prices specified by Tooltechnic.
Tooltechnic has provided court enforceable undertakings to the ACCC that it will implement and maintain a trade practices compliance program
Merja Pty Ltd, trading under the name Morley Cycles, engaged in misleading and deceptive conduct and made false representations during a ‘was/now’ advertising campaign, by specifying ‘was’ prices for bicycles that Morley Cycles had not previously sold.
Eternal Design Pty Ltd distributed to retailers 94 bunk beds under the description ‘Fantasy Bus’ which did not comply with the mandatory product safety standard for bunk beds.
The bunk bed failed to comply with the Australia/New Zealand Bunk Bed Standard because of potentially hazardous gaps in the construction of the bunk bed and a guard rail with an opening that was too wide.
Eternal Design has provided court enforceable undertakings to the ACCC that it will:
refrain from supplying any bunk beds that do not comply with the mandatory consumer product safety standard; and
implement a trade practices compliance program with a focus on product safety.
Pillow Talk Pty Ltd (Pillow Talk), importer and retailer of 'Pillow Talk' brand quilts, has acknowledged that the 100% goose down content claims it made for its 'Pillow Talk' brand quilts were false and liable to mislead consumers in likely contravention of the TPA.
ACCC testing of a sample of 'Pillow Talk' brand quilts represented to contain 100% goose down, showed that the quilts contained in the range of 71% - 76% goose down, significantly less goose down than the represented 100%.
Pillow Talk advised the ACCC that its 100% goose down content claims 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.
Pillow Talk has undertaken to:
refrain in future from making any down content claim for its 'Pillow Talk' or other own-brand down products unless the claim can be substantiated by independent testing on its finished down product where the manufacturing process has been completed; and
implement a trade practices compliance program for Pillow Talk employees and other persons involved in its business.
Domayne Pty Ltd (Domayne), supplies 'Domayne Essentials' brand down quilts in its retail stores in Australia.
Furniture Galore Pty Ltd sold 13 bunk beds to consumers under the description ‘Fantasy Bus’ which did not comply with the mandatory product safety standard for bunk beds.
The bunk bed failed to comply with the Australia/New Zealand Bunk Bed Standard because of potentially hazardous gaps in the construction of the bunk bed and a guard rail with an opening that was too wide.
Furniture Galore has provided court enforceable undertakings to the ACCC that it will:
refrain from supplying any bunk beds that do not comply with the mandatory consumer product safety standard; and
implement and maintain for three years a trade practices compliance program with a focus on product safety.
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