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On 25 October the ACCC accepted a section 87B undertaking from Healthscope Limited (Healthscope) that replaced Healthscope's initial undertaking given to the ACCC on 15 August 2007.
The replacement undertaking was given to the ACCC because Healthscope revised its proposal to acquire Symbion Health Limited’s (Symbion’s) pathology, diagnostic imaging and medical centres businesses (revised proposal).
The implementation of the revised proposal essentially replicates the outcome of Healthscope's original proposal to acquire Symbion's pathology, medical centre and imaging businesses through an alternative structure.
On 25 October the ACCC accepted a section 87B undertaking from Symbion Health Limited (Symbion) in relation to Healthscope Limited's (Healthscope's) revised proposal to acquire Symbion's pathology, diagnostic imaging and medical centres businesses (revised proposal).
The undertaking ensures that Healthscope’s ability to comply with its section 87B undertaking given to the ACCC on 25 October 2007 (the Healthscope undertaking) is not affected by the new transaction structure.
The primary purpose of Symbion's undertaking is to ensure that Symbion, during any period in which it may control or otherwise be in a position to influence the affairs of Healthscope, will not in any way hinder or prevent Healthscope’s compliance with the Healthscope undertaking.
Cinnamon Bear is a garment importer and distributor, supplying retailers throughout Australia.
Recently, Cinnamon Bear supplied a number of Babylicious baby sleeping bags in Australia that had a fire hazard warning label attached that did not comply with the relevant mandatory product safety standard for children's nightwear AS/NZA 1249:2003.
Cinnamon Bear has provided court enforceable Undertakings to the ACCC that it:
would not in future supply or offer for supply any children's nightwear that does not fully comply with the prescribed consumer safety standard;
will ensure that the correct warning labels as per the Standard are printed and attached to any non-compliant baby sleeping bags in the possession of Cinnamon Bear; and
will ensure that it will make the appropriate fire hazard labels available to any consumers who wish to have their baby sleeping bags relabelled.
Cinnamon Bear will also publish a corrective notice, and establish a trade practices compliance program.
The ACCC considered the proposal by Macquarie Media Group to acquire 9 regional radio stations from Fairfax.
On 17 October 2007, the ACCC decided not to oppose the proposed acquisition, subject to the acceptance of s87B undertakings from Macquarie Media Group.
The ACCC accepted an undertaking from Macquarie whereby Macquarie will divest:
4BU in Bundaberg;
Magic FM and 5CC in Port Lincoln; and
Magic FM and 5AU in Spencer Gulf.
The undertaking requires that the divestiture assets be held separate, independently managed, maintained and operated as going concerns during the divestiture period.
The ACCC considered the proposal by Macquarie Media Group to acquire Southern Cross Broadcasting (Australia) Limited.
On 17 October 2007, the ACCC decided not to oppose the proposed acquisition, subject to the acceptance of s87B undertakings from Macquarie Media Group.
These undertakings require that, if Southern Cross Syndication Pty Limited is not sold to Fairfax, Macquarie Media Group will divest Southern Cross Syndication Pty Limited and related assets to a purchaser approved of by the ACCC.
These undertakings require that the divestiture assets be held separate and are not interfered with in the period up until they are sold.
The ACCC considered the proposal by Macquarie Media Group to acquire Southern Cross Broadcasting (Australia) Limited.
On 17 October 2007, the ACCC decided not to oppose the proposed acquisition, subject to the acceptance of section 87B undertakings from Macquarie Media Group.
These undertakings require that Macquarie Media Group divest seven radio licences in Tasmania.
Overstockoutlet Pty Ltd (ACN 099 229 553) is an online supplier of a wide range of products which it retails directly to consumers through their online store, www.oo.com.au.
Designer Direct (SA) Pty Ltd, retailer of its own-brand 'Mahogany Summer' and 'Mahogany Winter' quilts, has acknowledged that the 50% duck down content claims that it made for these quilts were false and liable to mislead consumers in likely contravention of the Trade Practices Act.
Independent sample testing on two 'Mahogany Summer' quilts represented to contain 50% duck down showed that the quilts contained, respectively, 18.5% down and 34.3% down, significantly less down than the represented 50%. Independent sample testing on a 'Mahogany Winter' quilt showed that the quilt contained 35.8% down, again significantly less down than the represented 50%.
Designer Direct has undertaken to offer refunds to consumers who purchased a 'Mahogany Summer' or 'Mahogany Winter' brand quilt represented to contain 50% down.
Designer Direct has also undertaken to refrain in future from making any down content claims for its 'Mahogany Summer' or 'Mahogany Winter' or other own-brand down products unless the claims can be substantiated by independent testing on its finished down products where the manufacturing process has been completed.
Designer Direct will implement a trade practices compliance program for Designer Direct employees and other persons involved in its business.
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