103 results, showing 61 to 80
State Solar Services (SSS) has acknowledged that claims about electricity savings and sale discounts in advertisements for photovoltaic solar panel systems were likely to have contravened sections 52, 53(c) and 53(e) of the Trade Practices Act 1974.
SSS has provided the Australian Competition and Consumer Commission (ACCC) with a court-enforceable undertaking, which requires SSS to publish corrective advertising notices in newspapers, an industry bulletin and on its website and to set up a trade practices law compliance program. SSS is also required to contact its past customers to inform them of the conduct and advise the ACCC of what steps it takes to resolve any complaints that may arise.
The ACCC has accepted an undertaking from Intervest Global Live Pty Ltd (Intervest Global) in respect of advertisements it caused to be published on the SeekCommerical website between November 2007 and 18 February 2010. The advertisements were for Intervest Global's horse-betting software called 'Trilogics'.
Intervest Global acknowledges that representations in the advertisements were likely to be misleading or deceptive and may have breached sections 52, 55 and 59 of the Trade Practices Act 1974 for the following reasons:
Intervest Global represented that the software was a franchised business, when it was not.
Intervest Global represented that it guaranteed that customers would earn $50,000 - $70,000 from home by using the software, when it did not offer a guarantee of that nature.
Intervest Global stated that customers earned on average $56,855 in 2008 and that many customers had earned significantly more, when it had no basis for making that representation.
Intervest Global represented that many customers had been with Intervest for 10 years, when it had no basis for making that representation.
The ACCC was concerned that the advertisements misrepresented the risk of purchasing the Trilogics software by making unsubstantiated claims about its profitability and other characteristics.
Intervest Global is required to publish corrective notices on its website and to display the notice in the reception area of its premises. Intervest Global is also required to email a copy of the notice to all potential customers that responded to the advertisements.
Murray Irrigation Limited has provided an undertaking to the ACCC acknowledging that its conduct breached rule 5(1) of the Water Charge (Termination Fees) Rules 2009 because it imposed termination fees that exceeded the maximum amount authorised under the Rules.
Ray White has provided an undertaking to the ACCC acknowledging that its conduct was likely to have contravened section 51AD of the Act because it did not comply with clause 21 of the Franchising Code of Conduct when seeking to terminate the franchise agreement, and there were no special circumstances to warrant termination of the franchise agreement under clause 23 of the Code.
ANE Furniture Pty Ltd (ANE) is a manufacturer and importer of household furniture, including bunk beds.
In February 2009, officers from the ACCC conducted a survey of bunk beds for compliance with the Bunk Consumer Protection Notice (CPN).
On 15 June 2010, the ACCC accepted the undertaking of Mr Yoshiharu Kojima, a director of Toll holdings Ltd and /or its related bodies corporate.
Under the undertaking Mr Kojima agrees to sell down any interest he has in Asciano Limited and tehreafter maintain his independence from Asciano.
Withdrawal of Section 87B Undertaking
On 15 June 2010, the ACCC consented to the withdrawal of the Undertaking of Mr Timothy Michael Poole, previously accepted on 4 July 2007.
Mr Timothy Michael Poole was a director of Asciano Ltd and/or its related bodies corporate.
On 2 June 2010, the ACCC consented to a variation to the s87B Undertaking given by Woolworths Limited (Woolworths) and Carboxy Pty Limited (Carboxy) (together the Parties) on 11 November 2009.
On 25 May 2010, the ACCC accepted the undertaking of Mr Adam Martin, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Martin agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
Variation to 87B Undertaking about trade practices compliance programme accepted by ACCC on 10 May 2010.
On 6 May 2010, the ACCC accepted the undertaking of Mr James Irving, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Irving agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 6 May 2010, the ACCC accepted the undertaking of Ms Marene Yu, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Ms Yu agrees to sell down any interest she has in Asciano Limited and thereafter maintain her independence from Asciano.
Wendy Wu Tours Pty Ltd has given the ACCC an undertaking under section 87B of the Act in relation to certain advertising where the single price displayed in the advertisement did not include all quantifiable charges.
On 23 April 2010, the ACCC accepted the undertaking of Mr Christopher John Fahy, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Fahy agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 23 April 2010, the ACCC accepted the undertaking of Mr Graham Ward, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Ward agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 23 April 2010, the ACCC accepted the undertaking of Mr Peter Grace, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Grace agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 23 April 2010, the ACCC accepted the undertaking of Mr Bob O'Neill, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr O'Neill agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
Scubapro Uwatec Pty Ltd is a manufacturer and wholesaler of scuba diving equipment branded Scubapro, Uwatec and Seeman which it supplies to Scubapro dealers throughout Australia.
The ACCC was concerned that Scubapro employees and sales agents made statements to the effect that dealers were not to discount Scubapro products by more than ten to fifteen per cent below the recommended retail price and which may have been understood by dealers as being the maximum discount to be applied to Scubapro products.
Scubapro acknowledged the ACCC’s concerns and specifically acknowledged that any attempt to induce dealers not to discount products below a specified maximum discount price or price range would constitute resale price maintenance in contravention of section 48 of the Act.
Scubapro also provided the ACCC with court enforceable undertakings that it will:
not induce or attempt to induce a reseller from advertising or selling Scubapro products at a price less than a price specified by Scubapro;
write to all Scubapro dealers informing them that Scubapro does not have a policy on discounting and that there is no obligation to follow the recommended retail price;
Provide all Scubapro officers, employees, sales representatives and sales agents with trade practices training which focuses on Part IV of the Trade Practices Act 1974 at least once a year for a period of three years;
Commission the preparation by a suitably qualified legal practitioner with expertise in trade practices law, of a trade practices compliance manual for distribution to each of its officers, sales representatives and sales agents.
On 31 March 2010 the ACCC accepted the undertaking of Agilent Technologies Inc and Agilent Technologies Australia Pty Ltd in relation to the ACCC's decision not to oppose Agilent's proposed acquisition of Varian Inc.
The undertaking requires Agilent to comply with its commitments to the European Commission to divest the following businesses:
Agilent's micro/portable gas chromatography instruments (micro/portable GC) business
Varian's laboratory gas chromatography instruments (laboratory GC) business
Varian's triple quadrupole gas chromatography mass spectrometry instruments (triple quad GC-MS) business
Varian's inductively coupled plasma mass spectrometry instruments (ICP-MS) business
The ACCC has approved Inficon Inc as the purchaser of the micro/portable GC business and Bruker Corporation as the purchaser of the laboratory GC, triple quad GC-MS and ICP-MS businesses.
A Public Competition Assessment, outlining the reasons for the ACCC's decision, will be released shortly.
No results found
No results found