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Biomagnetic Therapy and Craig Trinder have admitted that prior to 2002 some of the claims made in regard to their therapeutic magnetic products may have been, or had the potential to be, false, misleading or deceptive, in contravention of sections 52, 53(c), and 53(g) of the Act although they have advised it was never their intention to do so.
They have also provided the following undertakings:
Bio Magnetic Therapy and Craig Trinder will not engage in conduct that is misleading or deceptive or is likely to mislead or deceive, in contravention of section 52, 53(c) or 53(g) of the Act
Biomagnetic Therapy and Craig Trinder will not make any claims regarding therapeutic magnetic products unless they are able to demonstrate that there are reasonable grounds for making the representation, for example, reliable scientific evidence
The results of any scientific test or clinical trial referred to will be reproduced on their website
Biomagnetic Therapy will develop and implement a trade practices compliance program and key staff will receive training specifically in relation to Sections 52 and 53 of the Act and
Biomagnetic Therapy will publish corrective notices in the Sunday Mail and on their website for a two week period.
The ACCC has 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 is 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.
The Undertaking, addressing the ACCC's concerns with the merger involving ABB Grain Ltd, AusBulk Ltd and United Grower Holdings, focuses on access to South Australian port terminal facilities owned or controlled by the Merged Entity and the supply of associated services by the Merged Entity for the receival, testing, classification, storage, handling, treatment, processing or shipping of commodities at or from such facilities. The Undertaking is for a period of five years unless it is terminated earlier.
Parke Muir's Pty Ltd (Parke Muir's), trading as Ross Parke's The Good Guys Discount Warehouses, sells electrical goods and gas appliances in Geelong, Victoria.
In an advertisement that was published in the Geelong Advertiser on 7 May 2004, Parke Muir's advertised that a GW712 Fisher & Paykel washing machine had a "WAS" price of $1,099.
Parke Muir's reviewed its sales records for that product and could not find a record of that product being sold by Parke Muir's at the price of $1,099.
The MIA Group Limited undertaking requires that MIA maintains its sites as going concerns to ensure that they offer a competitive constraint following the acquisition by the DCA Group Limited of MIA.
DCA proposes to acquire MIA.
The ACCC has accepted a court-enforceable undertaking from Cadbury Schweppes Pty Ltd about labelling of The Natural Confectionery Company (TNCC) range of confectionery products.
On 28 April 2003 Cadbury Schweppes acquired Sunrise Confectioners (Aust) Pty Ltd (Sunrise).
Between 1989 and 2002, the Australian Association of Agricultural Consultants (WA) Inc required its members not to offer to perform agricultural consulting services for fees less than those recommended by the Association. Members who did not comply with this requirement could be reprimanded, fined or disqualified from membership.
The Association has admitted that in agreeing to and publishing a scale of fees, and seeking to prevent members from charging for consulting services at rates less than those published in the scale of fees, contravened the provisions of the TPA prohibiting price-fixing.
This undertaking provides that the Association:
will not engage in similar conduct in the future;
will advise its members of the result of the ACCC’s investigation;
will conclude its review of relevant instruments (including the Association’s Constitution and Code of Ethics); and
will provide its members and the ACCC with a copy of the revised instruments.
Macquarie Bank Limited (MBL) has entered into agreements to acquire a significant number of commercial radio broadcasting stations owned by RG Capital Radio Limited and DMG Regional Radio Pty Ltd. The proposed acquisitions involve MBL acquiring commercial radio licences in 44 commercial radio licences areas throughout Australia.
In or around June 2003, TWM Imports Pty Ltd (TWM) contracted ASEMA International Pty Ltd (ASEMA) to test a trolley jack.
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