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On 18 July 2007, the ACCC decided that the acquisition of Golden Casket Lottery Corporation (Golden Casket) by Tattersall’s Limited (Tattersall’s) would be likely to substantially lessen competition in the market for monitoring and maintaining electronic gaming machines (EGMs) in Queensland, in breach of section 50 of the Trade Practices Act 1974.
On 20 July 2007, the ACCC accepted undertakings from Tattersall’s to remedy the ACCC’s competition concerns, and the ACCC decided not to intervene in the acquisition.
Tattersall’s undertook to:
divest Golden Casket subsidiary, Bounty Limited (Bounty), to a purchaser approved by the ACCC within a specified timeframe;
appoint a divestiture agent to sell Bounty if Tattersall’s is unable to sell Bounty within the specified timeframe;
ensure that the management of Bounty is kept separate from the management of Tattersall’s until Bounty is divested;
appoint an independent manager to manage Bounty until it is divested; and
facilitate each Bounty director to provide a section 87B undertaking to the ACCC that he/she would:
not use non-public Bounty information for the benefit of any person other than Bounty; and
not participate in any Tattersall’s discussions pertaining to the monitoring and maintenance of EGMs in Queensland.
These are the undertakings provided by Bounty director Paul James Leonard
Jordan Tatum Enterprises Pty Ltd (‘JTE’) is the proprietor of the Burdekin Hotel in Ayr, Queensland.
In about July 2006, Nathan Hunt, director of JTE and manager of the Burdekin Hotel, arranged a meeting with other hoteliers in Ayr to attempt to make or arrive at an arrangement or understanding in relation to the price of over-the-bar alcoholic beverages.
JTE and Mr Hunt have admitted that this conduct may have constituted an attempted contravention of section 45 of the TPA, which prohibits price fixing.
JTE and Mr Hunt have undertaken:
to not engage in any activity constituting price fixing or attempting to fix prices;
that Mr Hunt will undertake trade practices compliance training at least once a year for 3 years;
to use best endeavours to have published, in an Australian hotel industry newsletter, an article concerning price fixing; and
to implement and maintain a trade practices compliance program in relation to any business currently operating, or acquired within the next 3 years, by JTE or any other corporation controlled by Mr Hunt.
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