28 results, showing 1 to 20
On the 14 December 2011 the ACCC has accepted a variation to section 87B undertaking from Mr John Apostolidis, Director, Yarrabee Investments Pty Ltd, previously accepted on 19 November 2009 (Undertaking).
As a result of significant changes in the operations of its business and other relevant factors, Yarrabee Investments seek the following variation to the Undertaking:
The deletion of clause 14; and
The deletion of Annexure B.
A copy of those documents can be viewed on the ACCC's website.
This undertaking has been withdrawn and replaced by the 5 November 2015 undertaking given by SeaLink Travel Group Limited, Transit Systems Pty Ltd and Big Red Cat Pty Ltdhttp://registers.accc.gov.au/content/index.phtml/itemId/1190674.
The ACCC has accepted a section 87B undertaking from Lenan Corporation Pty Ltd ACN 054 854 027, in respect of misleading or deceptive conduct in representations made to consumers that its 'Organix Ever Straight Brazilian Keratin Therapy' range of products did not contain any formaldehyde, sodium or sulphates when that was not the case.
Lenan admits that in making the representations the conduct is likely to have contravened the Competition and Consumer Act 2010 (CCA) by:
- engaging in conduct that was misleading or deceptive in contravention of section 18 of the Australian Consumer Law (ACL), contained in Schedule 2 to the CCA; and
- making false or misleading representations concerning the composition of a product in contravention of section 29(1)(a) of the ACL.
On 9 November 2011, the ACCC consented to a variation to the section 87B Undertaking given by Invocare Limited (Invocare) and Bledisloe Group Holdings Pty Ltd (Bledisloe) on 8 June 2011.
The ACCC has accepted a Section 87B Undertaking from True Value Solar Pty Ltd (TVS) following an investigation relating to breaches of the Australian Consumer Law (ACL), comprising Schedule 2 to the Competition and Consumer Act 2010.
The ACCC has accepted a section 87B undertaking from Citymove Pty Ltd (Citymove) following an investigation relating to breaches of the Trade Practices Act 1974 and the Australian Consumer Law, comprising Schedule 2 to the Competition and Consumer Act 2010.
Citymove admits that it contravened section 52 of the Trade Practices Act 1974 and sections 18, 29(1)(e) and 29(1)(f) of the Australian Consumer Law by causing the construction of a website at www.movingreview.com.au and:
making representations on that website which purported to be testimonials prepared by genuine consumers when they were not; and
making a representation that the testimonials appearing on that website were prepared by genuine consumers when they were not.
The ACCC was particularly concerned about this conduct because testimonials are powerful representations which may inflate consumers' confidence regarding a particular product or service and influence their purchases and choices.
To address the ACCC's concerns, Citymove Pty Ltd has provided the ACCC with a court-enforceable undertaking which requires Citymove to:
refrain from making false or misleading representations that purport to be testimonials and false or misleading representations concerning testimonials by any person; and
establish and implement a trade practice compliance program, which includes director training and a complaints handling system.
Citymove has also paid one infringement notice penalty to the ACCC in the amount of $6,600.
The ACCC has accepted an undertaking from Advanced Lifestyle International Retail Pty Ltd (ALI) in respect of false or misleading representations it made to consumers during in-home sales presentations.
Between at least 15 January 2010 and 14 October 2010 ALI and its salespeople made various representations to consumers during in-home sales presentations for its massage wands, cushions, chairs and beds.
ALI acknowledges that these representations were false, misleading or deceptive for the following reasons:
when approaching consumers by telephone or in shopping centres ALI obtained invitations to consumers homes by telling them that ALI was offering a 'free therapy treatment' or a 'free massage', when the true purpose of ALI visiting a consumer's home was for salespeople to try and sell ALI products;
by representing that ALI or ALI's products were approved, sponsored or affiliated with the 'Government', when this is not true;
by representing that the price of an ALI product was less than the price that consumers ultimately had to pay for the product; and
by representing that consumers did not have the right to cancel their contract for the purchase of an ALI product within a 10-day cooling-off period, when this was not true.
The ACCC has accepted a section 87B undertaking from Privity Pty Ltd (ACN 007 887 729), trading as Haircare Australia, in respect of misleading and deceptive conduct made to consumers in representations that its Brazilian Blowout hair straightening products did not contain any formaldehyde when that was not the case.
Privity admits that by making the 'formaldehyde free' representations the conduct is likely to have contravened the Trade Practices Act 1974 by:
Tank Broker Pty Ltd has provided a court enforceable undertaking to the ACCC to resolve concerns that a number of its advertisements for rainwater tanks were likely to have contravened sections 52, 53(e), 53C of the Trade Practices Act 1974 and section 48 of Schedule 2 of the Australian Consumer Law.
In particular, Tank Broker admits that it misled consumers by advertising:
The ACCC has accepted a section 87B undertaking from Ms Lynn Laws, a former salesperson for Advanced Lifestyle International Retail Pty Ltd (ALI), in respect of false or misleading representations she made to consumers during in-home sales presentations, primarily to senior citizens.
Between at least 15 January 2010 and 14 October 2010 Ms Laws made false or misleading representations to consumers about ALI's products in respect of their price and to the effect that ALI or its products had government approval, sponsorship or endorsement that they did not have.
Ms Laws admits that she was directly or indirectly knowingly concerned or a party to ALI contravening sections 52, 53(c) or 53(d) of the Trade Practices Act 1974 by:
representing that ALI or ALI's products were approved, sponsored or endorsed by the government, when this is not true; and
representing that the prices of ALI products were less than the prices that consumers ultimately had to pay for the products.
The ACCC was particularly concerned about this conduct because it was generally targeted towards senior citizens, occurred in their homes and appeared to be designed to mislead consumers into purchasing the products.
To address the ACCC's concerns Mrs Laws provided the ACCC with a court-enforceable undertaking which requires Ms Laws to undergo trade practices law compliance training.
On 11 August 2011, the ACCC accepted a section 87B undertaking given by Asahi Holdings (Australia) Pty Ltd (Asahi) to acquire P&N Beverages Australia Pty Ltd (P&N), simultaneously divest the cordial and carbonated soft drink (CSD) business of P&N to the newly established Tru Blu Beverages Pty Ltd (TBB) and retain the water and fruit juice business of P&N.
The undertaking was accepted on the basis that it resolves the competition concerns identified by the ACCC in its decision of 9 March 2011 regarding Asahi's proposed acquisition of 100% of P&N. The ACCC opposed Asahi's 100% acquisition of P&N on the basis that the proposed acquisition would substantially lessen competition in the national markets for the wholesale supply of cordial and CSD.
The ACCC considers that TBB will continue to be an effective and vigorous competitor in the cordial and CSD markets.
On the above date, the ACCC accepted an undertaking from AUSTAR Entertainment Pty Ltd regarding the representations it had made to customers signing up to its subscription television services.
Aldi Foods Pty Ltd has provided a court enforceable undertaking to the ACCC in relation to the labelling of 'Just Organic' honey manufactured by Spring Gully Foods and sold exclusively through Aldi supermarkets.
Aldi Foods has undertaken that it will:
Spring Gully Foods Pty Ltd has provided a court enforceable undertaking to the ACCC in relation to the labelling of 'Just Organic' honey manufactured by Spring Gully Foods and sold exclusively through Aldi supermarkets.
Spring Gully Foods has undertaken that it will:
Graeme Andrew Faulkner and Peifa Philip Wu, trading under the business name AquaDepot Imports, have provided a court enforceable undertaking to the ACCC following an investigation into to a breach of section 48 of the Competition & Consumer Act 2010.
On the above date, the ACCC accepted an undertaking (the Undertaking) from InvoCare Limited (InvoCare) and Bledisloe Group Holdings Pty Ltd (Bledisloe) in relation to the proposed acquisition of Bledisloe by InvoCare (the Proposed Acquisition).
InvoCare was the largest provider of funeral services in Australia and the largest operator of private cemeteries and crematoria.
On 12 May 2011 the ACCC accepted a request to vary the undertaking provided by Prime Fuel Distributors Pty Ltd (Prime) on 30 March 2011.
Prime, trading as Speedway Meadows and Speedway Mt Pritchard, provided court enforceable undertakings to the ACCC following an investigation relating to breach of sections 52, 53(a) and 55 of the Trade Practices Act 1974*
The original Undertaking requires Prime to publish a Corrective Notice in a major newspaper, specifically the Daily Telegraph.
On 12 May 2011 the ACCC accepted a request to vary the undertaking provided by Prime Fuel Distributors Pty Ltd (Prime) on 30 March 2011.
Supabarn Supermarkets Pty Ltd has provided a court enforceable undertaking to the ACCC in relation to restrictive provisions
On 29 April 2011 the ACCC accepted a variation to the section 87B undertaking given by Flinders Ports on 9 September 2008 to take into account Flinders Ports’ proposed acquisition of DP World (SA)’s interest in the joint venture.
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