408 results, showing 1 to 20
**This undertaking has been superseded by the revised undertaking dated 5 July, 2005**
The ACCC has accepted an undertaking from Perkins Shipping with regard to access to port facilities at Gove and maintaining levels of customer service. The undertaking follows on from the acquisition by Perkins of Gulf Freight Services, which formerly competed with Perkins in the provision of coastal shipping services to the remote communities of north-western Australia, the Northern Territory and the Gulf of Carpentaria.
The ACCC's market inquiries gave rise to a concern that as a result of the acquisition, any new entrants to the market which may potentially compete with Perkins could be foreclosed from access to and use of the present wharf facilities and any new wharf facility in the Port of Gove. The nature of the market is such that new entry may be infrequent because of economies of scale, the duration of major freight contracts as well as the remoteness and size of many of the communities. However, the ACCC considered it important to ensure that access at Gove, a major port in the region, would be available in the event of new entry.
The undertaking provides that Perkins will not, consistent with its own operations, hinder or prevent any new entrant which:
uses or proposes to use the new wharf for land transport, freight forwarding operations or the movement by sea of goods or produce, or
provides or proposes to provide services at the Port of Gove from having access to the new wharf and associated hard stands and access roads.
Market inquiries also revealed some concern on the part of remote communities that services may decline with one operator providing coastal cargo services in the region.
Perkins Shipping will take steps to publicise its service charter (which will reflect industry best practice and cover the nature of its services, delivery times/scheduling, pricing policies, policies with respect to damage to goods, insurance and complaints handling) and will institute a dispute resolution procedure involving independent referees and experts where necessary. The charter and dispute resolution measures will be made available to Perkins' customers, including remote communities.
Reader's Digest (Australia) Pty Limited has admitted that it engaged in conduct that constituted contraventions of sections 52, 53(g) and 64 of the Trade Practices Act 1974.
In December 2003, the Commission granted Telstra an anticipatory individual exemption order pursuant to section 152ATA(3)(a) of the Act in relation to a proposed digital pay TV service. The order was granted subject, inter alia, to the condition that Telstra vary its section 87B undertaking given in relation to the Foxtel - Optus content sharing agreement approved by the Commission in November 2002, in the manner specified in the exemption order. This variation should be read in conjunction with Telstra's section 87B undertaking of 21 November 2002.
In December 2003, the Commission granted Foxtel an anticipatory individual exemption order pursuant to section 152ATA(3)(a) of the Act in relation to a proposed digital pay TV service. The order was granted subject inter alia, to the condition that Foxtel vary its section 87B undertaking given in relation to the Foxtel - Optus - Telstra content sharing agreement approved by the Commission in November 2002, in the manner specified in the exemption order. This variation should be read in conjunction with Foxtel's section 87B undertaking of 21 November 2002.