91 results, showing 61 to 80
QuickCat Cruises (QLD) Pty Limited has provided undertakings pursuant to section 87B of the Act as part of an overall settlement package in relation to allegations that QuickCat had entered into a price fixing agreement with one of its competitors for ferry services to Dunk Island.
The undertakings include a requirement that QuickCat implement a trade practices compliance program, offer and provide free return trips on its ferry service between Mission Beach and Dunk Island to age pensioners for a period of two consecutive weeks and that such offer be communicated by notice board and newspaper advertisements.
As part of the overall settlement package, QuickCat also consented to Federal Court orders including declarations that QuickCat had breached the price fixing provisions of the Act, injunctions restraining future conduct, and an order that QuickCat contribute to the Commission's legal costs.
In September 2000, the Commission received a complaint regarding the charging of GST on a lease agreement with Oasis Credits Pty Ltd trading as Holdfast Finance Corporation.The Commission, as part of its investigations, requested advice from the Australian Taxation Office regarding the review opportunities in the lease agreement for the applicability of GST.
Advice received from the Australian Taxation Office indicated that the agreement should be characterised as a hire purchase agreement and therefore GST is only payable on the physical supply of the goods.
The Commission was concerned that the conduct of Oasis Credits Pty Ltd in representing to customers that GST was payable on their lease agreements was misleading or deceptive in contravention of the Act.
Oasis Credits Pty Ltd has given undertakings to the Commission that it will:
notify its customers of its conduct by writing and offer its customers a reimbursement of the GST incorrectly collected via crediting the amount against future payments, seek a cash or cheque refund or leave their account in credit until finalisation of the agreement;
obtain a written report confirming that the above has been completed and provide it to the Commission within one month of the Commission accepting the undertakings;
take all reasonable steps to ensure staff and agents are aware of the provisions of the Trade Practices Act 1974.
Thomson Legal & Regulatory Group Asia Pacific Limited ("Thomson") displayed the price of books on its website www.atp-online.com.au on a GST exclusive basis.
Thomson has also placed advertisements in the National Accountant and other publications on a GST exclusive basis.
From the mid 1990s, Cheap As Chips Franchising Pty Ltd ("Cheap As Chips") has been a franchisor of mobile general and residential and commercial cleaning services and cleaning agents, equipment and other related products.
Since at least 1997, Cheap As Chips has:
unilaterally imposed additional and detailed obligations on its franchisees without consultation or negotiation;
threatened to refuse to allocate work to ("suspend") or terminate the franchise agreements of its franchisees rather than negotiate disputes; and
suspended and terminated its franchisees rather than negotiate disputes.
The Commission considered that since 1 July 1998, the above conduct of Cheap As Chips contravened sections 51 AC and 51AD and instituted proceedings on 30 June 1999 making such claims.
Gunns Limited ('Gunns') have provided the ACCC with an undertaking in relation to its aquisition of North Forest Products. The undertaking requires Gunns to make certain pricing and cost information available for five years.
Global Gossip Worldwide Pty Ltd ("Global Gossip") was involved in alleged misleading or deceptive promotion of international phone prices associated with phone cards, where conditions were omitted.
Global Gossip have undertaken that:
in all promotional material relating to international telephone call charges an asterisk will appear next to the word "From" in each of the columns listing prices, referring consumers to full details of rates and call charges which will appear at the bottom of the page;
it will implement a trade practices compliance program, which will cover all officers, employees and agents of Global Gossip whose duties could result in their being concerned in conduct which may breach the Act;
it will submit a draft of the program to the Commision within 30 days of the undertaking;
it will implement as part of the program, within 30 days, any changes to the draft program that are recommended by the ACCC in writing; and
the program will remain in force for a minimum period of three years from its date of implementation.
Zuellig Insurance Brokers Ltd ('Zuellig') is a Sydney based company that provides brokerage services.
The Commission expressed its concern that Zuellig charged the Goods and Services Tax (GST) on one-off, annual and multiple insurance cover nationwide for 20 April 2000 in breach of section 75AU of the Act, making false or misleading represenations with respect to price in breach of section 53(e) of the Act, and had engaged in misleading and deceptive conduct in breach of section 52 of the Act, if it had in fact charged GST on a supply made before 1 July 2000.
Zuellig agreed to provide the Commission with a section 87B Undertaking stating that it will:
1.
This undertaking relates to Ansett's takeover of Hazelton Airlines.
Super Cheap Auto Pty Ltd has provided a section 87B undertaking to the ACCC in respect of the supply of vehicle and trolley jacks which do not comply with the mandatory safety standard.
Melbourne based Regency Importing Company Australia Pty Ltd imported about 862 "DT900 Lifestyler" exercise cycles that failed to comply with the standard.
During the period of approximately August 1998 and January 2000, Sony Australia Limited caused to be published and made available to consumers the sales brochures "Sony 1998-99 handycam" and "Sony 1999 Digital handycam" ('the Brochures').
The parties were involved in litigation by the ACCC relating to price-fixing and market sharing conduct in the Queensland Fire Protection industry in breach of sections 45(2)(a)(ii) and 45(2)(b)(ii) of the Act.
Queensland Newsagents Federation Ltd has provided the Commission with s. 87B undertakings following its suspension of two QNF members for invading another member's territory in breach of the QNF Code of Ethics.
FFE Building Services Ltd were involved in litigation by the ACCC relating to price-fixing and market sharing conduct in the Queensland Fire Protection industry in breach of sections 45(2)(a)(ii) and 45(2)(b)(ii) of the Act.
Variation to 2000 Undertaking received 08/02/01.
Smorgon Steel Group Limited (SSG) and OneSteel Limited (OS) have provided the Commission with an undertaking in relation to their joint bid for Email Limited.
C7 has undertaken to ensure that it will use it's best endeavours to ensure it will not publish or broadcast any representation which is false or misleading in relation to the programming of C7 channels.
After conducting market inquiries, the ACCC determined that the proposed merger would not substantially lessen competition in the markets for the retailing of rural merchandise in Western Australia and the distribution of fertiliser in Western Australia on the basis that certain Undertakings would be provided by Wesfarmers Dalgety and IAMA.
Mayne Nickless Limited ('MNL') has undertaken to divest four hospitals as part of it's proposed acquisition of Australian Hospital Care.