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The Australian Competition and Consumer Commission (ACCC) has accepted a section 87B undertaking from Express Mobile Services Australia Pty Ltd (Express Mobile Services) in relation to Express Mobile Services failing to comply with certain requirements of the Franchising Code of Conduct, as well as making potentially false or misleading representations in its brochures, on its websites and in its advertisements on other websites to prospective franchisees. Express Mobile Services is a mobile professional services franchise business with multiple divisions across Australia.  The ACCC was concerned that Express Mobile Services' franchise agreements did not meet the requirements of the Franchising Code of Conduct because they contained waivers of verbal or written representations, in contravention of section 51AD of the Competition and Consumer Act 2010 (the Act). The ACCC was also concerned that Express Mobile Services made representations likely to mislead or deceive prospective franchisees, and Express Mobile Services acknowledges that by engaging in this conduct it may have contravened sections 18 and 29(1)(l) of the Australian Consumer Law, being Schedule 2 to the Act. To address the ACCC's concerns, Express Mobile Services has provided the ACCC with a court-enforceable undertaking that it will: not engage in the same or similar conduct for three years; provide current and prospective franchisees with franchise agreements and disclosure documents that comply with the Franchising Code of Conduct; establish and implement a Consumer Law Compliance Program, which includes formal training of employees and master franchisees.

The Australian Competition and Consumer Commission has accepted a court enforceable undertaking from Mobil Oil Australia Pty Ltd (Mobil), in which Mobil agrees that it will not subscribe to the retail petrol price information exchange service supplied by Informed Sources (Australia) Pty Ltd (the Informed Sources service) for the next five years. Mobil has also undertaken not to subscribe to any similar electronic retail petrol price information exchange services where subscribers: can determine that other subscribers will have access to the price information they provide to the service have access to the price information of other subscribers under the condition that they provide their own price information. On 19 August 2014, the ACCC instituted proceedings in the Federal Court against Informed Sources (Australia) Pty Ltd and several petrol retailer subscribers to the Informed Sources service in Melbourne, alleging that they contravened s 45(2) of the Competition and Consumer Act 2010 https://www.accc.gov.au/media-release/accc-takes-action-against-informe… Mobil was a subscriber to the Informed Sources service until October 2010 when it sold its interest in fuel retailing assets in Australia. The ACCC has accepted the undertaking from Mobil and has not joined it to the Federal Court proceedings after taking into account that Mobil ceased subscribing to the Informed Sources service some time ago and has undertaken not to subscribe to similar services for five years.

Maggie Beer Products Pty Ltd (Maggie Beer Products) engages principally in the production, marketing and distribution of premium food products to consumers through retailers in all States and Territories of Australia and overseas, with such products including pâtés and preserves, oils and vinegars, soups and ice creams.  Maggie Beer Products has provided the ACCC with a court-enforceable undertaking pursuant to section 87B of the Competition and Consumer Act 2010 (Cth) (CCA), in response to an ACCC investigation into allegations that between at least 1 January 2011 and 8 January 2014 , Maggie Beer Products made a representation on certain “Maggie Beer” branded products, namely: a) Ice cream (all flavours);