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In or about February 2001, Archery Wizard Australia sent to five Australian archery retailers a letter with an attached price list offering the retailers the opportunity to become retailers of Merlin Bows.
Apollo is an importer and wholesaler of bicyles and cycling accessories.
Advertisements appeared in APN Newspapers between July 2000 and April 2001 promoting a employment service offered by inthebigcity.com Pty Ltd where callers to a 1900 premium rate telephone service (at $2.48 per minute) would be guaranteed work, and be entitled to discounts on accommodation and removalist costs.
The Commission alleged that the representations in the advertisement breached the false and misleading provisions of the Trade Practices Act - specifically sections 52, 53(c), 53(d) and 53B.
The undertakings:
determine and limit which Franklins stores Woolworths may acquire;
limit Woolworths' use of Franklins brands;
prevent Woolworths from interfering in the JIDA process;
require divestiture of certain stores;
require acts in relation to other existing and proposed stores; and
require the fulfilment of obligations to facilitate the sale of Franklins stores in accordance with a package accepted by the Commission.