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Section 87B Undertaking by ACN 098 540 633 Pty Ltd (formerly Quizno's Australia Pty Ltd) concerning various alleged representations made to potential and actual franchisees about the Quizno's franchise.
ACN 098 is to make an offer of payment to former and potential franchisees who have lodged complaints with the ACCC.
On 18 July 2007, the ACCC decided that the acquisition of Golden Casket Lottery Corporation (Golden Casket) by Tattersall’s Limited (Tattersall’s) would be likely to substantially lessen competition in the market for monitoring and maintaining electronic gaming machines (EGMs) in Queensland, in breach of section 50 of the Trade Practices Act 1974.
On 18 July 2007, the ACCC decided that the acquisition of Golden Casket Lottery Corporation (Golden Casket) by Tattersall’s Limited (Tattersall’s) would be likely to substantially lessen competition in the market for monitoring and maintaining electronic gaming machines (EGMs) in Queensland, in breach of section 50 of the Trade Practices Act 1974.
On 20 July 2007, the ACCC accepted undertakings from Tattersall’s to remedy the ACCC’s competition concerns, and the ACCC decided not to intervene in the acquisition.
Tattersall’s undertook to:
divest Golden Casket subsidiary, Bounty Limited (Bounty), to a purchaser approved by the ACCC within a specified timeframe;
appoint a divestiture agent to sell Bounty if Tattersall’s is unable to sell Bounty within the specified timeframe;
ensure that the management of Bounty is kept separate from the management of Tattersall’s until Bounty is divested;
appoint an independent manager to manage Bounty until it is divested; and
facilitate each Bounty director to provide a section 87B undertaking to the ACCC that he/she would:
not use non-public Bounty information for the benefit of any person other than Bounty; and
not participate in any Tattersall’s discussions pertaining to the monitoring and maintenance of EGMs in Queensland.
These are the undertakings provided by Bounty director William Thorburn
On 25 July 2007 the ACCC accepted the undertaking of Mr Mark Smith, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Mark Smith agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
In addition, Mr Mark Smith 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.
On 18 July 2007, the ACCC decided that the acquisition of Golden Casket Lottery Corporation (Golden Casket) by Tattersall’s Limited (Tattersall’s) would be likely to substantially lessen competition in the market for monitoring and maintaining electronic gaming machines (EGMs) in Queensland, in breach of section 50 of the Trade Practices Act 1974.
On 20 July 2007, the ACCC accepted undertakings from Tattersall’s to remedy the ACCC’s competition concerns, and the ACCC decided not to intervene in the acquisition.
Tattersall’s undertook to:
divest Golden Casket subsidiary, Bounty Limited (Bounty), to a purchaser approved by the ACCC within a specified timeframe;
appoint a divestiture agent to sell Bounty if Tattersall’s is unable to sell Bounty within the specified timeframe;
ensure that the management of Bounty is kept separate from the management of Tattersall’s until Bounty is divested;
appoint an independent manager to manage Bounty until it is divested; and
facilitate each Bounty director to provide a section 87B undertaking to the ACCC that he/she would:
not use non-public Bounty information for the benefit of any person other than Bounty; and
not participate in any Tattersall’s discussions pertaining to the monitoring and maintenance of EGMs in Queensland.