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Vision Group is a provider of ophthalmic services. Icon Laser (Aust) Pty Ltd (Icon), a wholly owned subsidiary of Vision Group, owns and operates a number of ophthalmic consulting and surgical businesses, including the Central Queensland Eye Centre (CQEC) practice.
Icon recruited Dr Blanc to work at the Hervey Bay and Maryborough clinics of CQEC and entered into an Independent Contractor Agreement (Agreement) with him in July 2006. The Agreement concerned the terms and conditions on which Dr Blanc was engaged by Icon and included a provision confining the area in which Dr Blanc could undertake private ophthalmic practice during, and for a defined period following the termination of, the Agreement.
The Agreement was terminated following a break down in discussions between the parties. Dr Blanc commenced his own practice in Maryborough in the same region as a CQEC clinic in potential breach of the restraint clause in the Agreement. Vision Group instituted legal proceedings against Dr Blanc in relation to the alleged breach. The parties settled the dispute by way of a Deed of Release dated 17 July 2007 (Deed).
Clause 3.1(4) of the Deed provided that Dr Blanc must not perform operations at the Hervey Bay Surgical Centre located at Boat Harbour Drive, Pialba, Queensland for a period of 12 months from 18 May 2007 unless St Stephen's Hospital Hervey Bay was in liquidation and/or ceased to operate in which case Dr Blanc may perform operations at the Hervey Bay Surgical Centre.
The ACCC considers that clause 3.1(4) of the Deed constitutes an exclusionary provision for the purpose of restricting or limiting the supply by Dr Blanc at the Hervey Bay Surgical Centre of ophthalmic services to patients in the relevant geographic region of Hervey Bay and Maryborough (and thereby constraining the Hervey Bay Surgical Centre from competing in the market).
Cotton On Clothing Pty Ltd operates 164 retail stores throughout Australia.
Between April and May this year, Cotton On Clothing retail outlets made available for sale to consumers a Home Boots footwear product.
Video Ezy proposed a variation to the section 87B undertaking (undertaking) accepted by the ACCC on 18 September 2007 in relation to Video Ezy’s acquisition of the Blockbuster business in Australia.
Broadly, the variation:
allows Video Ezy to introduce and offer a new point-of-sale system (POS) to the Blockbuster network of franchisees
provides that the Video Ezy and Blockbuster POS systems will operate on separately operated and located servers
provides for the separation of the marketing teams for Video Ezy and Blockbuster networks with regard to the separate POS systems
prohibits confidential POS system information from being shared between the networks
provides that franchisees are not obliged to use centralised pricing and can override such pricing
provides that compliance training will include the obligations relating to confidential information and confidential POS system information, in particular for information technology personnel.