100 results, showing 41 to 60
Lunel Pty Ltd, trading as Harvey Norman Electrical Noarlunga, a Harvey Norman franchisee operating an electrical goods retail business in the southern suburbs of Adelaide, used misleading price comparisons in newspaper advertising.
Undertakings to:
publish corrective notice; and
implement trade practices compliance training.
Corpeyewear Pty Ltd (Corpeyewear) is a wholesaler of sunglasses and fashion spectacles which it manufacturers and imports into Australia.
Corpeyewear imported and distributed a number of sunglasses (model CUA-8023-99) and labelled as Cricket Australia sunglasses which it admitted did not comply with the labelling requirements of the mandatory product safety standard.
Corpeyewear and its director, Mr Andrew Stokes, have provided court enforceable undertakings to the ACCC that it will:
not supply sunglasses and fashion spectacles which do not fully comply with the relevant mandatory consumer product safety and information standards;
place advertisements alerting consumers to the incorrect labelling of the sunglasses; and
implement a trade practices corporate compliance program.
Elecspess Pty Ltd, importer and wholesaler of automotive electrical products, promoted Condor Rear Combination Lamps as being compliant with certain national vehicle standards as required under the Motor Vehicle Standards Act 1989.
The representation that the lamps complied with national vehicle standards was stamped onto the face of each lamp.
Between January 2003 and August 2006 Aussia Australia Pty Ltd (Aussia), a supplier of complementary medicine products, represented that two products which it supplied, Squalene and Propolis, were 'made in Australia'.
ACCC investigation of the 'made in Australia' claims revealed that some batches of these products were imported from New Zealand in tablet or capsule form and only the packaging of the products was undertaken in Australia. In these circumstances the ACCC was concerned that the representations that the products were made in Australia were misleading and deceptive and likely to contravene sections 52, 53(a), 53(b) and 55 of the TPA.
In addition, Aussia made a number of representations on its website to the effect that Aussia was a company involved in research, development, manufacturing and sales and that Aussia had its own modern factory located in Sydney.
Between January 2003 and August 2006 Careline Australia Pty Ltd (Careline), a supplier of complementary medicine products, represented that the following products which it supplied in Australia and overseas were 'made in Australia' - Squalene, Propolis, Omega 3 and Royal Jelly.
ACCC investigation of the 'made in Australia' claims revealed that some batches of these products were imported from New Zealand in tablet or capsule form and only packaging of the products was undertaken in Australia. In these circumstances the ACCC was concerned that the representations that the products were made in Australia were misleading and deceptive and likely to contravene sections 52, 53(a), 53(b) and 55 of the TPA.
In response to the ACCC's concerns, Careline has provided the ACCC with a court enforceable undertaking to:
not represent that goods it supplies have been made in Australia unless those goods satisfy the test under section 65AB of the Act for country of origin claims.
This undertaking varies the undertaking given by GlaxoSmithKline Australia Pty Limited accepted by the ACCC on 13 March 2007.
From September 2005 to June 2006 Bevilles Pty Ltd (Bevilles), a jewellery retailer operating 24 stores located in Victoria, New South Wales and South Australia, published and disseminated a number of catalogues in which some jewellery items were advertised with two prices, a high price struck through with a diagonal line above a more prominent lower price.
Based on sales information provided by Bevilles, the ACCC was concerned that the two-price advertising of some items misrepresented, in breach of sections 52 and 53(e) of the Trade Practices Act 1974 (the Act), the usual selling price of the item immediately preceding publication of the catalogue, and also the amount of savings available to consumers who purchased the item during the catalogue promotion.
In response to the ACCC’s concerns, Bevilles provided the ACCC with court-enforceable undertakings to:
not engage in two-price advertising of jewellery items unless the higher price is no greater than the price at which Bevilles most frequently sold the item in the eight weeks prior to the promotion or, where Bevilles had not made any sales, it had offered the item for sale at the higher price in the eight weeks prior to the promotion;
distribute a correction notice to residential letterboxes in the regions in which Bevilles’ April/June 2006 catalogue was distributed, and display the correction notice within its stores and on its website; and
implement a trade practices compliance program that includes complaints handling procedures and practical trade practices training for its employees.
OneSteel Limited (OneSteel) requested informal clearance from the ACCC for its proposed acquisition of Smorgon Steel Group Limited (Smorgon).
Following ongoing concerns by the ACCC regarding the performance of Auspoly's polyester insulation batts, the ACCC has accepted a variation to Auspoly's original section 87B undertaking in order to address those concerns.
In addition to Auspoly implementing a new and automated production system, the key elements of the variation offered by Auspoly and accepted by the ACCC provide for:
a consumer redress program for consumers who purchased the potentially underperforming Auspoly batts; and
the facilitation and publication of an educative article concerning the regulatory environment of insulation products in a prominent industry publication.
Bevco Pty Ltd has used the term “100% Australian Made and Owned” on labels for its Bevco and Macquarie Valley brand juice products. In fact, some of these products contained 99.9% imported reconstituted juice.
The sixth variation to the undertakings given by Toll Holdings Ltd to the ACCC on 11 March 2006.
The sixth variation amends the Toll undertakings to ensure that the transfer of the Victorian below rail assets to the State of Victoria from Pacific National does not result in a breach of the Toll undertakings.
JV Mobile provides licences to JV Mobile retailers to own and operate stores using the name ‘JV Mobile’ in Melbourne, Sydney, Adelaide and Brisbane.
On 18 April 2007 the ACCC accepted the undertaking of Mr Paul Little, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Paul Little agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 18 April 2007 the ACCC accepted the undertaking of Asciano Limited.
The undertaking is associated with the fifth variation to the undertaking given by Toll Holdings Ltd to the ACCC on 11 March 2006. The fifth variation was accepted on 18 April 2007 and relates to Toll’s planned restructure of its group businesses.
The restructure is proposed by Toll to involve the creation of a new listed company, Asciano, and the transfer of the assets, entities and/or businesses that comprise Toll's infrastructure assets, including Pacific National, to Asciano.
The ACCC's decision to consent to the fifth variation is given effect through the following documents:
a variation to Toll's undertakings
a new undertaking from Asciano Limited, and
new undertakings from the directors of Toll and Asciano.
Copies of those documents can be viewed on the ACCC’s website.
Under its undertakings Asciano will assume Toll's obligations to make available the Starter's Kit of East West Rail Assets, and also assume the non-discrimination obligations in relation to PN's Intermodal Business and the Patrick container terminals.
Post-restructure Asciano will also be subject to separation provisions that mirror those imposed on Toll, regulating cross shareholdings, directorships, joint ventures, arm's lengths dealings, employment and secondment of personnel.
Asciano's compliance with its undertakings will be audited by an independent auditor and, if Asciano fails to comply with its obligations to maintain its independence from Toll, then it will, notwithstanding the restructure, be required to divest 50 per cent of Pacific National.
On 18 April 2007 the ACCC accepted the undertaking of Mr Mark Rowsthorn, a director of Asciano Limited and/or its related bodies corporate.
Under the undertaking Mr Mark Rowsthorn agrees to sell down any interest he has in Toll Holdings Limited and thereafter maintain his independence from Toll. In addition, Mr Mark Rowsthorn must immediately resign from all positions within Asciano, and take no further part in the management of Asciano, if he ceases to meet the requisite standards of independence.
The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006. The fifth variation relates to Toll's planned restructure of its group businesses by way of scheme of arrangement to create a new listed entity and trust.
The ACCC's decision to consent to the fifth variation is given effect through the following documents:
a variation to Toll's undertakings
a new undertaking from Asciano, and
new undertakings from the directors of Toll and Asciano.
A copy of those documents can be viewed on the ACCC's website.
The fifth variation to the undertaking given by Toll Holdings Ltd to the ACCC on 11 March 2006.
The fifth variation relates to Toll’s planned restructure of its group businesses by way of scheme of arrangement to create a new listed entity and trust.
The restructure is proposed by Toll to involve the creation of a new listed company, Asciano Limited, and the transfer of the assets, entities and/or businesses that comprise Toll's infrastructure assets, including Pacific National, to this company.
The ACCC's decision to consent to a waiver of Toll's obligations is given effect through the following documents:
a variation to Toll's undertakings
a new undertaking from Asciano Limited, and
new undertakings from the directors of Toll and Asciano.
On 18 April 2007 the ACCC accepted the undertaking of Mr Whye Yee Lee, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Whye Yee Lee agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano. In addition, Mr Whye Yee Lee must immediately resign from all positions within Toll, and take no further part in the company, if he ceases to meet the requisite standards of independence.
The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006.
On 18 April 2007 the ACCC accepted the undertaking of Mr Vidyanath Niamidipudi, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Vidyanath Niamidipudi agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 18 April 2007 the ACCC accepted the undertaking of Mr Tang Wai Yee, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Tang Wai Yee agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 18 April 2007 the ACCC accepted the undertaking of Mr Tan Tit Chee, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Tan Tit Chee agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
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