88 results, showing 61 to 80
On 23 April 2010, the ACCC accepted the undertaking of Mr Graham Ward, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Ward agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 23 April 2010, the ACCC accepted the undertaking of Mr Peter Grace, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Grace agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 23 April 2010, the ACCC accepted the undertaking of Mr Bob O'Neill, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr O'Neill agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
Scubapro Uwatec Pty Ltd is a manufacturer and wholesaler of scuba diving equipment branded Scubapro, Uwatec and Seeman which it supplies to Scubapro dealers throughout Australia.
The ACCC was concerned that Scubapro employees and sales agents made statements to the effect that dealers were not to discount Scubapro products by more than ten to fifteen per cent below the recommended retail price and which may have been understood by dealers as being the maximum discount to be applied to Scubapro products.
Scubapro acknowledged the ACCCâs concerns and specifically acknowledged that any attempt to induce dealers not to discount products below a specified maximum discount price or price range would constitute resale price maintenance in contravention of section 48 of the Act.
Scubapro also provided the ACCC with court enforceable undertakings that it will:
not induce or attempt to induce a reseller from advertising or selling Scubapro products at a price less than a price specified by Scubapro;
write to all Scubapro dealers informing them that Scubapro does not have a policy on discounting and that there is no obligation to follow the recommended retail price;
Provide all Scubapro officers, employees, sales representatives and sales agents with trade practices training which focuses on Part IV of the Trade Practices Act 1974 at least once a year for a period of three years;
Commission the preparation by a suitably qualified legal practitioner with expertise in trade practices law, of a trade practices compliance manual for distribution to each of its officers, sales representatives and sales agents.
On 31 March 2010 the ACCC accepted the undertaking of Agilent Technologies Inc and Agilent Technologies Australia Pty Ltd in relation to the ACCC's decision not to oppose Agilent's proposed acquisition of Varian Inc.
The undertaking requires Agilent to comply with its commitments to the European Commission to divest the following businesses:
Agilent's micro/portable gas chromatography instruments (micro/portable GC) business
Varian's laboratory gas chromatography instruments (laboratory GC) business
Varian's triple quadrupole gas chromatography mass spectrometry instruments (triple quad GC-MS) business
Varian's inductively coupled plasma mass spectrometry instruments (ICP-MS) business
The ACCC has approved Inficon Inc as the purchaser of the micro/portable GC business and Bruker Corporation as the purchaser of the laboratory GC, triple quad GC-MS and ICP-MS businesses.
A Public Competition Assessment, outlining the reasons for the ACCC's decision, will be released shortly.
Kincrome Australia Pty Ltd carries on business as a wholesaler in the automotive, industrial and hardware markets.
In 2009, Kincrome caused three advertisements to be published in which it promoted certain tools for sale.
Big W is a trading division of Woolworths comprising of 159 Big W discount department stores throughout Australia. Big W stores sell a range of general merchandise products, including childrenâs nightwear products.
In or around September 2009 and in November 2009, the ACCC conducted routine surveys on childrenâs nightwear products sold in retail outlets, including Big W stores. Testing commissioned by the ACCC as part of these surveys indicated that three childrenâs nightwear products sold in Big W stores were incorrectly labelled as âlow fire dangerâ. Under the mandatory standard for the labelling of childrenâs nightwear, these products should have been labelled âwarning high fire danger keep away from fireâ. The products had been supplied to Big W by Vinetex & Co Pty Ltd.
Woolworths acknowledges that by offering these products for retail sale in circumstances where the garments carried the incorrect fire warning label it was likely to have contravened sections 52, 53(a), 53(c) and 65C of the Trade Practices Act.
When contacted by the ACCC Woolworths undertook corrective action by conducting a voluntary recall of 27 lines of garments on 26 September 2009 and an additional 8 lines on 7 October 2009. Big W also issued a public apology notice on 12 December 2009.
Vinetex & Co Pty Ltd (Vinetex) is a privately owned Australian company. It carries on a business of purchasing a range of garments from Chinese suppliers and on-selling this clothing to Australian retail outlets, including Big W.
In or around September 2009 and in November 2009, the ACCC conducted routine surveys on childrenâs nightwear products sold in retail outlets, including Big W stores. Testing commissioned by the ACCC as part of these surveys indicated that three childrenâs nightwear products sold in Big W stores were incorrectly labelled as âlow fire dangerâ. Under the mandatory standard for the labelling of childrenâs nightwear, these products should have been labelled âwarning high fire danger keep away from fireâ.
Vinetex acknowledges that by supplying the childrenâs nightwear products to Big W that carried the incorrect fire warning label it was likely to have contravened sections 52, 53(a), 53(c) and 65C of the Trade Practices Act.
Vinetex has provided an undertaking to the ACCC that it will refrain from supplying childrenâs nightwear products that do not comply with the standard and that it will establish a Trade Practices Compliance Program.
ATQOL Pty Ltd is the manufacturer and online supplier of the Anti-Snor Therapeutic Ring, a ring designed to place pressure on the little finger of the palm side of the left hand.
In 2009, ATQOL made various representations to the effect that the Anti-Snor Therapeutic Ring:
will stop a person from snoring, relieve sinus problems, or relieve restless sleep and insomnia;
has a âproven history of successful drug free treatment of snoringâ; and
is âTested and recommended by a Physicianâ.
These representations appeared in a television advertisement which it caused to air on Channel 7 on 25 August 2009 and on the ATQOL website, www.nosnor.com.
The ACCC raised concerns that ATQOL did not have medical or other scientific evidence that would support an absolute representation as to the efficacy of the Anti-Snor Therapeutic Ring in stopping users from snoring, relieving sinus problems, restless sleep or insomnia.
In addition, ACCC raised concerns that ATQOL had no basis for saying that the Anti-Snor Therapeutic Ring has a 'proven history of successful drug free treatment of snoring' other than the fact it has achieved significant sales, it was continually re-ordered by retailers and that few customer sought refunds.
Lastly, the ACCC raised concerns that ATQOL also had no basis for saying that its product had been 'Tested and recommended by a Physician' (which suggests that the product has been tested and approved by a doctor or otherwise has been provided with some kind of medical verification) when in fact the statement was a reference to a testimonial provided by E.
On 19 December 2008, H.J Heinz Company Australia Limited (Heinz Australia) acquired 100 per cent of the shares in Golden Circle Limited (Golden Circle). The ultimate parent company of Heinz Australia is H. J.
On 15 March 2010, the ACCC accepted the undertaking of Mr Sheetal Gulati, a director of Toll Holdings Ltd and/or its related bodies corporate.
On 10 March 2010, the ACCC accepted a variation to the undertaking of Alinta Limited and others.
On 10 March 2010, the ACCC accepted a variation to the undertaking of Epic Energy (WA) Transmission Pty Ltd ('the EEWAT undertaking').
On 1 March 2010, the ACCC accepted the undertaking of Mr Myles O'Brien, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Myles O'Brien agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 1 March 2010, the ACCC accepted the undertaking of Ms Tracy Wang, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Ms Tracy Wang agrees to sell down any interest she has in Asciano Limited and thereafter maintain her independence from Asciano.
The Australian Competition and Consumer Commission has accepted court enforceable undertakings from Esel Pty Ltd trading as Mwave.  Mwave sells a wide variety of computers, software and electronic goods through its online website www.mwave.com.au.
The ACCC raised concerns with Mwave that its warranties and returns policy breached the Trade Practices Act 1974 because it contained misleading and false information about consumersâ warranty and refund rights.
The ACCC was concerned about statements to the effect that:
Mwave does not provide any warranty and consumers must deal directly with the manufacturer;
warranties arising from statute do not apply; and
the consumer is required to pay any shipping costs incurred in returning the faulty good to Mwave;
Mwave has admitted its warranties and returns policy contained false and misleading statements about consumersâ statutory warranty rights.
People Telecom supplies telecommunication services, including mobile, fixed phone and data services, to Australian businesses and consumers.
For the past several years it has used telemarketers and door-to-door sales agents to promote its products. It appears that these agents transferred some prospective customersâ services to People Telecom without their consent, or after representing that:
the agents were working on behalf of the customerâs current telecommunications carrier;
People Telecom was an agent or subsidiary of the customerâs current carrier or resold that carrierâs services;
the customer was required to change their carrier to People Telecom; or
changing to People Telecom would not compromise any current contractual or billing arrangements with their current carrier;
 when this was not the case.
As a result of this conduct, the ACCC believes that People Telecom engaged in conduct that was misleading or deceptive or likely to mislead or deceive, and made representations that it has affiliation it does not have, and that this conduct was likely to have contravened sections 52 and 53(d) of the Trade Practices Act 1974. People Telecom acknowledges that by virtue of section 84 of the Act the conduct engaged in on behalf of People Telecom by its agents shall be deemed to have been engaged in by People Telecom.
In response to concerns that People Telecom may have breached the Trade Practices Act, it has offered the ACCC a court enforceable undertaking that it will:
not make misrepresentations of the kinds listed above;
write to affected customers, and place a notice on its website, offering to allow them to terminate their contract without penalty, and refund or waive certain debts arising from the misrepresentations;
monitor the conduct of its agents and ensure they comply with the scripts provided by People Telecom; and
implement a trade practices compliance program, including a complaints handling system that will be integrated with the credit management process.
Linksea Pty Ltd is a manufacturer and importer of household furniture, including desks, bookcases and bunk beds.
In March 2009, Linksea was informed that its Snow bunk bed complied with the mandatory standard governing bunk beds supplied in Australia. It then commenced supply of the Snow bunk to consumers. As part of a product safety survey, the ACCC purchased one of these bunks and arranged for it to be tested against the standard. When tests were completed in July 2009, the Snow bunk failed to comply, with parts of the bunk creating entrapment hazards, as well as a danger that a child using the top bunk would fall out.
The ACCC immediately contacted Linksea to inform them of the test results. Linksea then conducted a recall of the Snow Bunk. All 38 Snow Bunks which had been supplied to retailers and consumers were located. Where requested, consumers received a refund. In other cases, the beds were made safe through modification of the noncompliant elements. Where the beds had not been supplied to consumers, they were destroyed. No injuries occurred as a result of the noncompliance.
It appears that the noncompliance arose as a result of differences between the Snow Bunkâs design and the finished product, and that differences resulted from insufficient manufacturing quality control. Linksea admits that, by supplying a bunk bed that did not comply with the relevant mandatory standard, it is likely to have contravened the section 65C of the Trade Practices Act 1974.
In response to concerns that Linksea may have breached the Trade Practices Act, it has offered the ACCC a court enforceable undertaking that it will implement a trade practices compliance program, which will include:
training on the product safety provisions of the Act and mandatory product safety standards covering Linkseaâs products;
monitoring of Linkseaâs products covered by a mandatory standard to check that they are properly labelled;
monitoring of those products to check variation from their designs; and
modification to the designs to take into account manufacturing variation to ensure the finished goods comply with the standard.
Between August 2008 to August 2009, Sony Trading Pty Ltd, an Australian importer and distributor of food and beverages, imported banned mini jelly cup products containing konjac which can cause choking.
The jelly cup products were supplied to nine Asian grocery retailers in the Sydney metropolitan and Central Coast regions of New South Wales.
Sony Trading has been cooperative and has:
notified the retailers who had purchased the jelly cups and requested that they withdraw them from sale;
undertaken a full product recall and notification on 1 October 2009 through the Recalls Australia website, www.
On 16 February 2010, the ACCC accepted the undertaking of Mr. Benedict Wa Tat Li, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr.
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