53 results, showing 21 to 40
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.
IPM Eagle LLP offered this section 87B undertaking in connection with its acquisition of the assets of Edison Mission Energy. IPM Eagle LLP is a consortium entity comprising of International Power Pty Limited and Mitsui & Co.
Bramalco Pty Ltd provides home improvement services such as roofing, guttering, and security shutters.
Bramalco’s contract with consumers contained a 20% cancellation clause. It was the ACCC’s view this was an unenforceable penalty clause.
Bramalco agreed to review, remove or amend its contracts to ensure they do not impose an unenforceable penalty.
Bramalco also agreed to develop and implement a compliance program and appoint an auditor thereof.
In the period immediately before the introduction of Goods and Services Tax in July 2000, national catalogue, television and radio advertising was conducted for Harvey Norman Computers & Communications stores which featured a promotion for GST-ready accounting software, Quicken Quickbooks, for $199 that included a bonus software bundle valued at over $900.
American Express (Amex) advertised its International Airline Program (IAP) for Platinum Cardmembers as entitling them to purchase a specially negotiated ticket for first or business class air travel on a participating airline and receive a free, complimentary or bonus companion ticket entitling a second person to accompany the Cardmember on that trip.
The price charged by Amex suggested that the companion ticket offer was not free, bonus or complimentary.
The undertakings offered by Amex include:
writing to Cardmembers who were misled and offering a refund of one year’s Platinum Card membership fee or an amount of 10 per cent of the cost of the first fare purchased under the IAP, depending upon individual circumstances; and
a review of Amex’s Trade Practices compliance program.
SP Energy Pty Ltd (‘SPE’) has entered into a share sale agreement with TXU Corp, to purchase the group of companies of which TXU Australia Group Pty Ltd (‘TXU’) is the ultimate Australian holding company. The Commission had concerns that about the impact of this proposed acquisition on competition in various markets.
Pacific National Pty Ltd (‘PN’) has undertaken that if, on or after the date that settlement of the acquisition by PN of Freight Australia (‘FA’) occurs, the Somerton Siding is controlled by PN, that PN will use its best endeavours to transfer control of the Somerton Siding to a party independent of PN.
PN has undertaken that:
if, at the date that settlement of its acquisition of FA occurs, the Somerton Siding is controlled by FA under the Primary Infrastructure Lease, then PN will use its best endeavours to cause FA to execute a sub-sub lease of relevant sections of the Somerton Siding, in favour of the Australian Rail Track Corporation Limited (‘ARTC’), on reasonable terms and conditions;
if, at the date that settlement of its acquisition of FA occurs, FA has rights in relation to the Somerton Siding under any easement in favour of FA, then PN will use its best endeavours to execute a licence in favour of ARTC of the rights in the Somerton Siding which are the subject of the easement in favour of FA, on reasonable terms and conditions;
if at the date of the settlement of its acquisition of FA the Somerton Siding is controlled by FA under the Primary Infrastructure Lease, then PN will cause FA to use its best endeavours to grant to ARTC a concurrent lease of its interest in the Austrak Sub-Sub-Lease on reasonable terms and conditions; and
neither it nor FA will hinder or prevent access to the Somerton Siding by a third party rail operator which is seeking access to the Somerton Siding. This excludes reasonable use by PN of the track in the Somerton area as is necessary for the purposes of its business operations.
PN has also undertaken:
to cause FA to continue to supply to Specialised Container Transport (‘SCT’) the services provided for under the SCT Agreement (as varied), in accordance with the terms of the SCT Agreement (as varied); and
to cause FA to negotiate with SCT in good faith if SCT wishes to further extend the term of the SCT Agreement, or amend the terms and conditions of the services provided by FA, or if SCT wishes to amend the services it wishes to acquire under the SCT Agreement
In March 2001 the ACCC received a complaint that existing cinema operators had entered into arrangements or understandings to oppose market entry and/or expansion by other cinema operators.
It was alleged that Greater Union Organisation Ltd (Greater Union) and Village Roadshow Ltd (Village) entered into arrangements or understandings to take joint action to prevent competition in the cinema exhibition market in contravention of the Act.
Following discussions between Greater Union and the ACCC, and without admitting that any of its conduct constituted a contravention of the Act, Greater Union agreed to give undertakings which are intended to reduce the risk of collaboration with other cinema exhibitors to jointly oppose entry into and/or expansion within cinema exhibition markets.
As part of the undertakings, Greater Union has agreed to keep the ACCC informed of significant developments in the industry which may be of interest to the ACCC.
The ACCC has agreed to accept these undertakings as part of the conclusion to its inquiries.
In March 2001 the ACCC received a complaint that existing cinema operators had entered into arrangements or understandings to oppose market entry and/or expansion by other cinema operators.
It was alleged that Greater Union Organisation Ltd (Greater Union) and Village Roadshow Ltd (Village) entered into arrangements or understandings to take joint action to prevent competition in the cinema exhibition market in contravention of the Act.
Following discussions between Village and the ACCC, and without admitting that any of its conduct constituted a contravention of the Act, Village agreed to give undertakings which are intended to reduce the risk of collaboration with other cinema exhibitors to jointly oppose entry into and/or expansion within cinema exhibition markets.
In May 2003 Optus Mobile advertised a Nokia 7250 camera phone on a $55 per month plan in a national advertising campaign which included using television, newspapers, in-store promotion, the internet and store brochures.
Price fixing arrangement in relation to bricks.
Undertakings given to develop and implement an internal trade practices compliance program, to remain in force for three years.
Tyco Australia Pty Ltd, trading as ADT Security (ADT) has failed to perform all of its contracts with residential customers requiring annual maintenance services of the residential customers' security systems.
In May 2002 Kirin Direct Marketing Pty Ltd sent customers who had taken the model kit series Building the Bounty a letter indicating that if they did not wish to receive a new model kit series, Building the Cutty Sark, they should return the form opting out of the new series.
Hill End Recreational Park Pty Ltd was incorporated on 15 September 2003. The Director/Secretary of the company was Brendon Davenport until 10 December 2003 and from that date forward Michael Braithwaite. A majority of sales were made by an agent of the company.
In the undertaking Morgan Buckley acknowledge:
that a mistake was made in the calculation of the relevant invoices but do not admit misleading or deceptive conduct; and
that it holds quality assurance accreditation
Morgan Buckley undertake for the purposes of section 87B of the Act to:
use its best endeavours to retain Quality Assurance Accreditation under AS/NZS ISO9001:2000 as amended from time to time, or its equivalent, for a period of 3 years; and
notify the Commission in writing in the event that it does not retain Quality Assurance Accreditation as contemplated by clause 10(a)
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