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Barossa Farm Produce Pty Ltd engages principally in the production, marketing and distribution of premium pork, poultry and game products to consumers, through restaurants and retailers in South Australia, Victoria, New South Wales and Queensland, and through farmers markets in South Australia. In response to an ACCC investigation into allegations that between about 9 December 2010 and 28 May 2013, the pork used in its "The Black-Pig" labelled smallgoods was not in fact from Heritage breed Berkshire, black pig or free range pork (as represented by Barossa Farm Produce at various times on product packaging, on websites and social media, and in person by Director Saskia Beer), Barossa Farm Produce has acknowledged that its conduct is likely to have contravened: (a)    sections 52 and 53(a) of the TPA, insofar as the conduct occurred before 1 January 2011; and (b)    sections 18 and 29(1)(a) of the Australian Consumer Law (found at Schedule 2 to the CCA) (ACL), insofar as the conduct occurred on and after 1 January 2011. To address the ACCC's concerns, Barossa Farm Produce has provided the ACCC with a court-enforceable undertaking that it will not make any representations: (a)    about the breed or type of pigs used in "The Black-Pig" labelled smallgoods, in circumstances where it does not know the breed or type of pigs used; and (b)    that it knows the origin of every animal used in the production of "The Black-Pig" labelled smallgoods, in circumstances where it does not know the origin of every animal used. Barossa Farm Produce has also undertaken to publish a corrective notice on its website, and that its current directors will attend trade practices compliance training.

On 22 May 2014, the ACCC announced that it had accepted an undertaking (the Undertaking) from Caltex Australia Petroleum Pty Ltd (Caltex) in relation to its proposed acquisition of the fuel division of Scotts Group (Scotts)(the Proposed Acquisition). The ACCC considered that, in the absence of this Undertaking, the Proposed Acquisition would result in competition concerns in the local markets for the retail supply of petrol in Nhill, Victoria and Mount Gambier, South Australia. In the absence of the Undertaking, Caltex would have controlled the majority of sites in Mount Gambier and, importantly, these would have been located on key transport routes into and out of Mount Gambier.

On 8 May 2014, the ACCC announced that it had accepted an undertaking (the Undertaking) from Shahin Enterprises Pty Ltd (the main operating entity of Peregrine, Shahin) in relation to its proposed acquisition of 25 service station sites from BP Australia Pty Ltd (BP), comprising: 16 sites in metropolitan Adelaide (the Proposed Acquisition); and nine sites in regional South Australia. The ACCC considered that, in the absence of this Undertaking, the Proposed Acquisition would have the effect, or would be likely to have the effect, of substantially lessening competition in the retail supply of petrol in local markets surrounding each of the following BP sites: BP Westbourne Park; BP Elizabeth Vale; BP Mitchell Park; and BP Mile End (each a Local Market). The ACCC considered that these BP sites and existing Shahin sites in each Local Market are close competitors to each other; taking into account their geographic location, the goods and services that they supply, and the types of customers to which they cater. Shahin already operates a high proportion of the sites in each Local Market.

The ACCC has accepted a section 87B undertaking from CUB Pty Ltd trading as Carlton & United Breweries in relation to ACCC concerns that it represented that Byron Bay Pale Lager was brewed by a small brewer in Byron Bay when this was not the case.

The ACCC has accepted a section 87B undertaking from Peter McInnes Pty Ltd ACN 000 445 269 (Peter McInnes) following an investigation into resale price maintenance conduct likely to contravene section 48 of the Competition and Consumer Act 2010. Peter McInnes is an importer and wholesale distributor of kitchenware and homewares to retailers. The ACCC was concerned that Peter McInnes had engaged in conduct that constitutes or is likely to constitute resale price maintenance, on four occasions, by inducing or attempting to induce retailers not to sell KitchenAid stand mixers supplied to them by Peter McInnes at a price less than the recommended retail price specified by Peter McInnes. To address the ACCC’s concerns Peter McInnes provided the ACCC with a court-enforceable undertaking that it will: refrain from engaging in resale price maintenance for two years; write to all of its KitchenAid stand mixer customers informing them that they are free to set their own minimum prices for products supplied to them by Peter McInnes; issue directions to its employees that they should refrain from expressing to those customers any hostility or criticism about the customers discounting below the recommended retail price; and implement and maintain a compliance program.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Tiny Tots Images Photography Pty Ltd (Tiny Tots) in relation to misrepresentations made in regards to a consumers 'cooling off' or termination rights that were likely to contravene sections 29(1)(m), 76(a) and 79(b) of the Australian Consumer Law (ACL). Since at least January 2011, Tiny Tots has entered into approximately 1,400 unsolicited consumer agreements for photographic services.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Coles Supermarkets Australia Pty Ltd (Coles) following an investigation into a video and cartoon ‘Our Coles Brand Milk Story’, which was published on social media. The video and cartoon ran from 7 February 2013 to 5 May 2013 on a variety of platforms including YouTube, Coles’ website and Facebook page, and was promoted in links from Twitter and other social media. The ACCC, which commenced the investigation following complaints from dairy farmer organisations, was concerned that Coles was likely to have misled consumers about the impact of its 26 January 2011 retail milk price reduction on the average price paid to dairy farmers supplying milk to processors in 2011-12 (the farmgate price).

On 24 March 2014, AGL Energy Limited (AGL) applied to the Australian Competition Tribunal (the Tribunal) for merger authorisation pursuant to section 95AU of the Competition and Consumer Act (the CCA) to acquire the assets of Macquarie Generation (the application). AGL also provided a court enforceable undertaking that it will not make the acquisition that is the subject of the application while the application is being considered by the Tribunal (the undertaking). On 1 April 2014, the Australian Competition and Consumer Commission (ACCC) accepted the undertaking from AGL.

On 27 March 2014 the ACCC announced it had accepted an undertaking (the Undertaking) from Melbourne International RoRo & Auto Terminal Pty Ltd (MIRRAT) in relation to its proposed acquisition of a long term lease to operate the Webb Dock West automotive terminal at the Port of Melbourne which at the time was under the control of the Port of Melbourne Corporation (the Proposed Acquisition).

On 6 March 2014 the ACCC accepted a variation to the section 87B Undertaking provided to the ACCC by Australian Workplace Services Pty Ltd, previously accepted by the ACCC on 10 January 2012. The purpose of this Variation to the Undertaking is to remove reference to Mr John Gerard O’Halloran from the Compliance Program obligations in paragraph 12(a) as he is no longer a director of AWS.

On 6 March 2014, the ACCC announced that it had accepted an undertaking (the Undertaking) from BlueScope Steel Limited (BlueScope) in relation to its proposed acquisition of the OneSteel Sheet and Coil business from Arrium Limited (the Proposed Acquisition).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Medion Australia Pty Limited (Medion) in relation to claims about unlimited features in the ALDImobile ‘Unlimited Pack’ that were likely to contravene sections 18 and 29(1)(g) of the Australian Consumer Law. Medion supplies pre-paid mobile products and services under the brand name ALDImobile on its website www.aldimobile.com.au and in ALDI Stores.

On 18 December 2013, the ACCC accepted an undertaking (the Undertaking) from Thermo Fisher Scientific Inc.

On 18 December 2013, the ACCC accepted an undertaking (the Undertaking) from Gallagher Holdings Limited (Gallagher) in relation to its proposed acquisition of the assets of Country Electronic Pty Ltd, trading as Thunderbird Agricultural Products (the Proposed Acquisition). The Undertaking requires that Gallagher divests its shareholding held in the company Tru-Test to an ACCC-approved purchaser or purchasers.

The Australian Competition and Consumer Commission has accepted a court enforceable undertaking from Apple Pty Limited (Apple) following an investigation into Apple’s consumer guarantees policies and practices, and representations about consumers’ rights under the Australian Consumer Law (ACL). The ACCC was concerned that Apple had made a number of false or misleading representations to a number of consumers regarding their consumer guarantee rights, including that Apple was not required to provide a refund, replacement or repair to consumers in circumstances where these remedies were required by the consumer guarantees in the ACL. The ACCC was concerned that on occasions these representations may have arisen from Apple staff and representatives misapplying Apple’s policies, including its 14 day return policy and its 12 month limited manufacturer’s warranty.

The ACCC has accepted a section 87B Undertaking from Woolworths Limited (ACN 000 014 675) (Woolworths).

The ACCC has accepted a section 87B Undertaking from Coles Group Limited (ACN 004 089 936) (Coles Group), Coles Supermarkets Australia Pty Ltd (ACN 004 189 708) (Coles Supermarkets), and Eureka Operations Pty Ltd (ACN 104 811 216) (Eureka) (together Coles).

On 5 December 2013, the ACCC accepted an undertaking (the Undertaking) from Murray Goulbourn Co-operative Co.

The ACCC has accepted a section 87B undertaking from AGL Energy Limited (AGL) in relation to the court proceedings ACCC v Australian Power & Gas Company Limited QUD 621 of 2013. The ACCC instituted proceedings against Australian Power & Gas Company Limited (APG) in September 2013 in relation to its door-to-door selling practices (alleged breaches of sections 18, 21, 29, 74, 75 and 76 of the ACL). In October 2013, AGL completed its acquisition of APG. APG is now therefore wholly owned by AGL. On 28 November 2013, the Federal Court made orders by consent of the parties. These orders included that APG: - pay a pecuniary penalty of $1.1 million;

The ACCC has accepted a section 87B undertaking from Game Farm Pty Ltd (Game Farm) following an investigation relating to breaches of the Australian Consumer Law (ACL), comprising Schedule 2 to the Competition and Consumer Act 2010 (the Act).