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Interim access determination No. 7 of 2011 for the Mobile Terminating Access Service (MTAS). The original expiry date of 31/12/2011 was extended by a declaration of the Commission made on 09/11/2011.
The ACCC has accepted a section 87B undertaking from Ms Lynn Laws, a former salesperson for Advanced Lifestyle International Retail Pty Ltd (ALI), in respect of false or misleading representations she made to consumers during in-home sales presentations, primarily to senior citizens.
Between at least 15 January 2010 and 14 October 2010 Ms Laws made false or misleading representations to consumers about ALI's products in respect of their price and to the effect that ALI or its products had government approval, sponsorship or endorsement that they did not have.
Ms Laws admits that she was directly or indirectly knowingly concerned or a party to ALI contravening sections 52, 53(c) or 53(d) of the Trade Practices Act 1974 by:
representing that ALI or ALI's products were approved, sponsored or endorsed by the government, when this is not true; and
representing that the prices of ALI products were less than the prices that consumers ultimately had to pay for the products.
The ACCC was particularly concerned about this conduct because it was generally targeted towards senior citizens, occurred in their homes and appeared to be designed to mislead consumers into purchasing the products.
To address the ACCC's concerns Mrs Laws provided the ACCC with a court-enforceable undertaking which requires Ms Laws to undergo trade practices law compliance training.
On 11 August 2011, the ACCC accepted a section 87B undertaking given by Asahi Holdings (Australia) Pty Ltd (Asahi) to acquire P&N Beverages Australia Pty Ltd (P&N), simultaneously divest the cordial and carbonated soft drink (CSD) business of P&N to the newly established Tru Blu Beverages Pty Ltd (TBB) and retain the water and fruit juice business of P&N.
The undertaking was accepted on the basis that it resolves the competition concerns identified by the ACCC in its decision of 9 March 2011 regarding Asahi's proposed acquisition of 100% of P&N. The ACCC opposed Asahi's 100% acquisition of P&N on the basis that the proposed acquisition would substantially lessen competition in the national markets for the wholesale supply of cordial and CSD.
The ACCC considers that TBB will continue to be an effective and vigorous competitor in the cordial and CSD markets.