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Between July 2008 and December 2009 Apollo Bicycle Co Pty Ltd (Apollo) supplied a children’s bicycle, the Radius Racer X Al 12” Bicycle (the Bicycle) to 133 retailers located throughout Australia.
On 28 January 2010, the ACCC decided not to object to the proposed price by Airservices Australia for a terminal navigation service provided to aircraft landing at Avalon aerodrome.
On 27 January 2010, the ACCC accepted the undertaking of Anthony Kevin Canning, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Anthony Kevin Canning agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano. In addition, Anthony Kevin Canning 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 restructure of its group businesses by way of scheme of arrangement to create a new listed entity and trust, Asciano.
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.
A copy of those documents can be viewed on the ACCC’s website.
On 21 September 2004 the Australian Competition and Consumer Commission accepted court enforceable undertakings, pursuant to section 87B of the Trade Practices Act 1974, from Harbin Pty Ltd trading as Ray's Outdoors.
The acceptance of the undertaking was in resolution of the ACCC's concerns that in supplying Wild Country elastic luggage straps Ray's Outdoors may have breached the mandatory product safety standard for elastic luggage straps that is prescribed under the Act. Due to potential harm that luggage straps can cause the mandatory safety standard requires them to have a permanently attached label containing a specifically worded warning.
Upon investigation the ACCC found that these straps did not appear to comply with the mandatory safety standard. Once Ray's Outdoors was notified of the problem by the ACCC it acted quickly by withdrawing all Wild Country straps from point of sale, volunteering to re-label Wild Country straps to comply with the mandatory safety standard, and volunteering to place recall notices in relevant newspapers throughout Victoria. Ray's Outdoors also volunteered to upgrade its trade practices compliance program with a focus on consumer product safety standards, and to continue to review its trade practices compliance program with the assistance of an independent annual audit of its program.
The undertaking which has been complied with by Ray’s Outdoors for the past five years did not include an expiry date. Accordingly, a variation was executed in December 2009 whereby the ACCC consented to concluding Ray’s Outdoors’ obligations.