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Austrimi Seafoods Pty Ltd has offered a section 87B court enforceable undertaking to the ACCC in relation to the packaging of its ‘Kalamari’ branded product.
The ACCC was concerned that the packaging of the ‘Kalamari’ product was misleading as the picture of the crumbed seafood rings and use of the word ‘Kalamari’ gave the impression the Product was made predominately of calamari or squid whereas the ingredients list stated it contained only 4% squid.
The ACCC had concerns that the overall impression created by the packaging was likely to misled consumer as to the content of the Product in contravention of sections 52 and 53(a) of the Trade Practices Act 1974.
Austrimi Seafoods Pty Ltd has undertaken to the ACCC that in the future it will not:
supply the product in its current packaging;
use the name ‘Kalamari in relation to the product;
supply seafood products in packaging and/or with labelling that conveys an overall impression that the product consists mainly of, or includes a not insubstantial proportion of, a particular seafood ingredient when this is not the case;
Austrimi Seafoods has also undertaken:
to place a corrective notice on its website;
to use its best endeavours to have its retail customers place corrective notices at point of sale for a period of 28 days; and
to implement a compliance program.
The ACCC accepted a section 87B undertaking from Aurora Energy and the Tasmanian Government in relation to the acquisition of the Tamar Valley Power Station Project and other related assets by Aurora Energy.
The undertaking required the parties to hold the assets separate for an interim period, so that the ACCC was able to conduct a full competition assessment of the proposal.
The Ingles Group is a property developer located on the Gold Coast with a number of developments, including a housing estate known as the Tee Trees Residential Golf Community (the Estate). A major feature of the Estate, in promotional and marketing material, was that it was to include a golf course. Purchasers experienced significant delay in the commencement of the construction of the golf course, and complained that Ingles Group had misled them that they had obtained Gold Coast City Council (Council) approval for the golf course. (The golf course is not yet complete, but is presently being constructed by the Ingles Group.)
By a letter dated 28 May 2003, the Ingles Group and Mr Ingles made representations to residents and potential purchasers as to the status of the Council approval and otherwise to the progress of the construction of the golf course. The Ingles Group has admitted that these representations were misleading or deceptive, or likely to mislead. Mr Ingles, the sole director of the Ingles Group, has also admitted to being knowingly concerned in the conduct.
The Ingles Group has undertaken to the ACCC that it will:
place corrective notices in the Gold Coast Bulletin newspaper;
place corrective notices on its websites;
on a quarterly basis, place a notice on its websites advising of the progress of the construction of the golf course;
on a quarterly basis, mail out a notice to residents of the estate advising of the progress of the construction of the golf course; and
establish, implement and maintain a Trade Practices Compliance Program for 5 years, to minimise the risk of future breaches of Part V of the TPA.
Raktos Distribution Services Pty Limited (trading as ‘Smokers Supplies’) is an importer and distributor of tobacco products and accessories.
Raktos and its directors have admitted that from approximately March 2007 to June 2008, Raktos supplied retailers, in contravention of sections 65D and 75AZT of the Trade Practices Act 1974, with Captain Black Little Cigars Filters and Captain Black Gold branded tobacco products which did not comply with the tobacco labelling requirements prescribed by the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004.
Raktos and its directors have provided court enforceable undertakings to the ACCC that:
Raktos and its directors will refrain from supplying tobacco products which do not comply with the tobacco regulations which are in force at any particular time;
Raktos will remove non-complying tobacco products from sale and offer a full refund of the purchase price or replacement tobacco products to retailers who bought non-complying tobacco products from Raktos or its directors; and
Raktos will implement and maintain a trade practices law compliance program.
Flinders Ports offered the section 87B undertaking (undertaking), to avoid delay and address the ACCC’s concerns about the impact that the proposed joint venture may have on the supply of container stevedoring services at Port Adelaide, South Australia.
Post-transaction, Flinders Ports would have dual roles as container stevedore and port manager, and would be responsible for allocating the necessary inputs for container stevedoring at Port Adelaide to parties who are potentially also its competitors.
Broadly, the undertaking requires Flinders Ports to:
notify the ACCC of any allocations of certain relevant land at Port Adelaide, and licences for container stevedoring at Port Adelaide;
delay settlement of any allocations of land or container stevedoring licences notified to the ACCC pursuant to the undertaking, until the ACCC has concluded a review and confirmed the outcome to Flinders Ports; and
provide written reports to the ACCC concerning approaches made to Flinders Ports by interested third parties who have sought allocations of land or container stevedoring licences from Flinders Ports.
The undertaking adequately addresses competition concerns that the proposed joint venture would increase barriers to entry in the market for container stevedoring services at Port Adelaide.
It ensures that the process used by Flinders Ports to allocate the necessary inputs for container stevedoring is transparent, and subject to review by the ACCC in accordance with the Merger Review Process Guidelines 2006.
The notification process established by the undertaking also ensures that prospective new entrants are not deterred from seeking entry by the fact of the joint venture between Flinders Ports and DP World (SA) Pty Ltd, the incumbent stevedore.
A Public Competition Assessment will be issued on the Mergers Public Register in relation to the proposed acquisition.