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Prime Fuel Distributors Pty Ltd, trading as Speedway Meadows and Speedway Mt Pritchard has provided court enforceable undertakings to the ACCC following an investigation relating to the breach of the Trade Practices Act 1974*
Prime admits that it engaged in the misleading conduct in contravention of sections 52, 53(a) and 55 of the Trade Practices Act 1974 when it promoted and sold the same petrol as two different petrol products at two different price points
The undertaking requires Prime to:
not engage in the promotion and sale of different fuels at any service station owned or operated by the company when those different fuels are in fact the same fuel;
implement a trade practices compliance program; and
publish a corrective notice in newspapers as well as at both service stations.
As the onsite day-to-day manager of both service stations, Mr Jamil El-Khoury has provided a separate court-enforceable undertaking to the ACCC
*On 1 January 2011 as part of the Australian Consumer Law amendments the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010.
Patterson Cheney Pty Ltd, trading as Patterson Cheney Holden (Patterson Cheney) has provided a court enforceable undertaking to the ACCC following an investigation relating to a breach of the Trade Practices Act 1974.
Patterson Cheney admits that it engaged in misleading conduct in contravention of section 53(g) of the Trade Practices Act 1974 when it advertised a Lifetime Mechanical Warranty which was subject to significant limitations.
The undertaking requires Patterson Cheney to:
send a letter to all of its customers who purchased a vehicle to which the Lifetime Mechanical Warranty applied and inform them that they have the option to switch to Patterson Cheney's Premium warranty product;
publish corrective notices on its website and in The Herald Sun and The Age; and
establish a trade practices compliance program.
Withdrawal of Section 87B Undertaking
On 8 March 2011 the ACCC consented to the withdrawal of the Undertaking of Mr Mark Rowsthorn, previously accepted on 18 April 2007 (Undertaking).
The purpose of the Undertaking was to establish and maintain Mr Mark Rowsthorn's independence, as a director of Asciano, from Toll.
Under the Undertaking, Mr Mark Rowsthorn agreed to remain an 'Independent Asciano Person'.
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