206 results, showing 161 to 180
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.
Kincrome Australia Pty Ltd carries on business as a wholesaler in the automotive, industrial and hardware markets.
In 2009, Kincrome caused three advertisements to be published in which it promoted certain tools for sale.
Big W is a trading division of Woolworths comprising of 159 Big W discount department stores throughout Australia. Big W stores sell a range of general merchandise products, including children’s nightwear products.
In or around September 2009 and in November 2009, the ACCC conducted routine surveys on children’s nightwear products sold in retail outlets, including Big W stores. Testing commissioned by the ACCC as part of these surveys indicated that three children’s nightwear products sold in Big W stores were incorrectly labelled as “low fire danger”. Under the mandatory standard for the labelling of children’s nightwear, these products should have been labelled “warning high fire danger keep away from fire”. The products had been supplied to Big W by Vinetex & Co Pty Ltd.
Woolworths acknowledges that by offering these products for retail sale in circumstances where the garments carried the incorrect fire warning label it was likely to have contravened sections 52, 53(a), 53(c) and 65C of the Trade Practices Act.
When contacted by the ACCC Woolworths undertook corrective action by conducting a voluntary recall of 27 lines of garments on 26 September 2009 and an additional 8 lines on 7 October 2009. Big W also issued a public apology notice on 12 December 2009.
Vinetex & Co Pty Ltd (Vinetex) is a privately owned Australian company. It carries on a business of purchasing a range of garments from Chinese suppliers and on-selling this clothing to Australian retail outlets, including Big W.
In or around September 2009 and in November 2009, the ACCC conducted routine surveys on children’s nightwear products sold in retail outlets, including Big W stores. Testing commissioned by the ACCC as part of these surveys indicated that three children’s nightwear products sold in Big W stores were incorrectly labelled as “low fire danger”. Under the mandatory standard for the labelling of children’s nightwear, these products should have been labelled “warning high fire danger keep away from fire”.
Vinetex acknowledges that by supplying the children’s nightwear products to Big W that carried the incorrect fire warning label it was likely to have contravened sections 52, 53(a), 53(c) and 65C of the Trade Practices Act.
Vinetex has provided an undertaking to the ACCC that it will refrain from supplying children’s nightwear products that do not comply with the standard and that it will establish a Trade Practices Compliance Program.
ATQOL Pty Ltd is the manufacturer and online supplier of the Anti-Snor Therapeutic Ring, a ring designed to place pressure on the little finger of the palm side of the left hand.
In 2009, ATQOL made various representations to the effect that the Anti-Snor Therapeutic Ring:
will stop a person from snoring, relieve sinus problems, or relieve restless sleep and insomnia;
has a ‘proven history of successful drug free treatment of snoring’; and
is ‘Tested and recommended by a Physician’.
These representations appeared in a television advertisement which it caused to air on Channel 7 on 25 August 2009 and on the ATQOL website, www.nosnor.com.
The ACCC raised concerns that ATQOL did not have medical or other scientific evidence that would support an absolute representation as to the efficacy of the Anti-Snor Therapeutic Ring in stopping users from snoring, relieving sinus problems, restless sleep or insomnia.
In addition, ACCC raised concerns that ATQOL had no basis for saying that the Anti-Snor Therapeutic Ring has a 'proven history of successful drug free treatment of snoring' other than the fact it has achieved significant sales, it was continually re-ordered by retailers and that few customer sought refunds.
Lastly, the ACCC raised concerns that ATQOL also had no basis for saying that its product had been 'Tested and recommended by a Physician' (which suggests that the product has been tested and approved by a doctor or otherwise has been provided with some kind of medical verification) when in fact the statement was a reference to a testimonial provided by E.
On 19 December 2008, H.J Heinz Company Australia Limited (Heinz Australia) acquired 100 per cent of the shares in Golden Circle Limited (Golden Circle). The ultimate parent company of Heinz Australia is H. J.
On 15 March 2010, the ACCC accepted the undertaking of Mr Sheetal Gulati, a director of Toll Holdings Ltd and/or its related bodies corporate.
On 10 March 2010, the ACCC accepted a variation to the undertaking of Alinta Limited and others.
On 10 March 2010, the ACCC accepted a variation to the undertaking of Epic Energy (WA) Transmission Pty Ltd ('the EEWAT undertaking').
On 1 March 2010, the ACCC accepted the undertaking of Mr Myles O'Brien, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Myles O'Brien agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 1 March 2010, the ACCC accepted the undertaking of Ms Tracy Wang, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Ms Tracy Wang agrees to sell down any interest she has in Asciano Limited and thereafter maintain her independence from Asciano.
The Australian Competition and Consumer Commission has accepted court enforceable undertakings from Esel Pty Ltd trading as Mwave. Mwave sells a wide variety of computers, software and electronic goods through its online website www.mwave.com.au.
The ACCC raised concerns with Mwave that its warranties and returns policy breached the Trade Practices Act 1974 because it contained misleading and false information about consumers’ warranty and refund rights.
The ACCC was concerned about statements to the effect that:
Mwave does not provide any warranty and consumers must deal directly with the manufacturer;
warranties arising from statute do not apply; and
the consumer is required to pay any shipping costs incurred in returning the faulty good to Mwave;
Mwave has admitted its warranties and returns policy contained false and misleading statements about consumers’ statutory warranty rights.
People Telecom supplies telecommunication services, including mobile, fixed phone and data services, to Australian businesses and consumers.
For the past several years it has used telemarketers and door-to-door sales agents to promote its products. It appears that these agents transferred some prospective customers’ services to People Telecom without their consent, or after representing that:
the agents were working on behalf of the customer’s current telecommunications carrier;
People Telecom was an agent or subsidiary of the customer’s current carrier or resold that carrier’s services;
the customer was required to change their carrier to People Telecom; or
changing to People Telecom would not compromise any current contractual or billing arrangements with their current carrier;
when this was not the case.
As a result of this conduct, the ACCC believes that People Telecom engaged in conduct that was misleading or deceptive or likely to mislead or deceive, and made representations that it has affiliation it does not have, and that this conduct was likely to have contravened sections 52 and 53(d) of the Trade Practices Act 1974. People Telecom acknowledges that by virtue of section 84 of the Act the conduct engaged in on behalf of People Telecom by its agents shall be deemed to have been engaged in by People Telecom.
In response to concerns that People Telecom may have breached the Trade Practices Act, it has offered the ACCC a court enforceable undertaking that it will:
not make misrepresentations of the kinds listed above;
write to affected customers, and place a notice on its website, offering to allow them to terminate their contract without penalty, and refund or waive certain debts arising from the misrepresentations;
monitor the conduct of its agents and ensure they comply with the scripts provided by People Telecom; and
implement a trade practices compliance program, including a complaints handling system that will be integrated with the credit management process.