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This variation was accepted by the ACCC on 30/06/2000. It ensures that the Undertaking does not prevent the pass-through of GST related price increases and imposes additional obligations on Waratah to provide information to the ACCC about cost savings arising from the New Tax System, and any move to 3 man crews in Newcastle.
Undertaking relates to the share and asset acquisition agreement between Waratah and the vendors all issued shares in Hunter Towage Services, and the purchase of the tug "Ballina" from BHP Transport.
The ACCC will not intervene in the acquisition if Waratah agrees:
not to increase tariff rates for harbour services beyond a specified amount;
to maintain discounts/rebates existing at Dec 1998;
not to introduce new charges re towage services;
not to increase existing charges re towage services.
Waratah will provide ACCC with an annual audit report by an auditor nominated by the ACCC.
As part of United Distillers & Vintners (UDVA) Trade Practices Compliance Program, UDVA will use all reasonable endeavours to:
comply with the Act, in particular Part VB of the Act;
not engage in price exploitation in relation to ANTS;
pass on to consumers any net cost benefits which result from ANTS;
advertise and display price as GST inclusive in a way that is not misleading or deceptive; and
continue to ensure that UDVA has an effective Trade Practices Compliance Program which will continue to be materially in accordance with the provisions of Australian Standard 3806 (1998).
Cable & Wireless Optus ("CWO") is committed to ongoing processes of efficiency and innovations to reduce costs and ensure savings are passed on to our customers. This document is an extension of that commitment.
The Undertaking was varied - Annexure 'B' was replaced with Annexure 'A2', Annexure 'C' was replaced with Annexure 'A3', and the date in paragraph 2.4 of the undertaking was amended.Background: The ACCC investigated National Mutual Health Pty Ltd trading as HBA, in relation to television advertising.
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