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Withdrawal of Section 87B Undertaking
On 27 November 2007, Healthscope announced it had decided not to proceed with the proposed acquisition.
Symbion subsequently sought withdrawal of its undertaking.
As the obligations contained in the Symbion undertaking are redundant, the ACCC has provided its consent to withdraw the undertaking.
Withdrawal of Section 87B Undertaking
On 27 November 2007, Healthscope announced it had decided not to proceed with the proposed acquisition.
Symbion subsequently sought withdrawal of its undertaking.
As the obligations contained in the Symbion undertaking are redundant, the ACCC has provided its consent to withdraw the undertaking.
Waverley Woollen Mills Pty Ltd (Waverley), has acknowledged that its "Product of Australia" labelling claims for its own-brand "Waverley Work Wear" jumpers were false and misleading in likely contravention of the Trade Practices Act (TPA).
While the fibre for the jumpers was spun in Australia, the jumpers were woven in Vietnam and imported into Australia.
Waverley sold its Work Wear jumpers through its factory outlet in Launceston, Tasmania, between October 2008 and February 2009.
Following ACCC intervention, Waverley voluntarily destroyed its remaining stock of its Work Wear jumpers.
Waverley has undertaken to publish an ACCC approved corrective notice on its website for two months and in a weekend edition of The Examiner newspaper in Launceston.
Waverley acknowledges in the corrective notice that by falsely describing its Work Wear jumpers as being "Product of Australia" it may be liable under the TPA to compensate consumers who purchased the jumpers.
Waverley directors and sales staff will also undertake a trade practices training course designed to ensure that they are aware of their responsibilities under the TPA, particularly in relation to country of origin claims.
First variation
On 26 May 2009 the ACCC accepted a variation to the s87B undertaking given by Kirin Holdings (Australia) Pty Ltd and National Foods to the ACCC on 24 July 2008.
Skins Compression Garments Pty Ltd (''Skins'') is the manufacturer of compression sports performance garments (“Skins products''), the supplier of Skins products to a distributor and retailers throughout Australia and a retailer of Skins products to the general public in Australia.
Skins Compression Garments Pty Ltd (''Skins'') is the manufacturer of compression sports performance garments (“Skins products''), the supplier of Skins products to a distributor and retailers throughout Australia and a retailer of Skins products to the general public in Australia.
Skins Compression Garments Pty Ltd (''Skins'') is the manufacturer of compression sports performance garments (“Skins products''), the supplier of Skins products to a distributor and retailers throughout Australia and a retailer of Skins products to the general public in Australia.
The LaManna Group companies (LaManna Bananas Pty Ltd, Verona Fruit Pty Ltd and LaManna Bananas (Adelaide) Pty Ltd), acting as horticulture produce agents, occasionally sold growers’ produce between their companies, as part of their distribution of produce across national markets.
The ACCC raised concerns that these transactions were not at arm's length and that the companies may not have, in every case, properly obtained growers' consent, as required under the Horticulture Code of Conduct.
LaManna Bananas Pty Ltd, on behalf of the LaManna Group companies, has undertaken that it will:
advise potentially affected growers of the ACCC's concerns
establish a special process to deal with any growers who raise concerns about sales of their produce
report to the ACCC on any grower's complaint that it could not resolve under that process, and
implement a trade practices compliance program to help it avoid future code breaches.
Sanjay Goel trading as Pacific ImpExp Services, an importer and retailer of furniture, electronics and toys, has acknowledged that he has contravened s65C of the Trade Practices Act by supplying two models of bunk beds, 'Model AB107' and ' Model LB70C', which did not meet the requirements of the mandatory standard for bunk beds.
The 'Model AB107' bunk bed did not have a barrier around all sides of the bed which may cause a roll-out hazard.
The 'Model AB107' and 'LB70C' bunk beds had openings in the guardrail which may cause a fall-through hazard, gaps in the guardrail which could cause an entrapment hazard, and did not display the required maximum mattress height warning and supplier identification labels.
Sanjay Goel has provided court enforceable undertakings to the ACCC that for a period of three years he will not supply bunk beds that do not fully comply with the mandatory standard for bunk beds and will establish and implement a trade practices compliance program.
National telecommunications service provider Dodo Australia Pty Ltd has given a court enforceable undertaking in resolution of ACCC concerns.
Between December 2007 and March 2009 Dodo published on its website, in connection with the outright sale of handsets and other hardware product, the statement: “No refunds will be given on purchases”.
Between October 2008 and March 2009 Dodo also caused to be published on its website, and broadcast on television at various times between October and December 2008, advertisements for its ‘$29.90 Mobility Cap Plan’, ‘Free Fuel’ and ‘Cash Offer’ 24 month mobile cap plans (the "Free Offer Plans") that included representations to the effect consumers would receive specified goods or cash for free or at no cost when they signed up to the relevant 24 month Free Offer Plan. An investigation by the ACCC revealed Dodo offered comparable mobile cap plans (in included value and services) at a cheaper monthly fee without the free goods and cash.
The ACCC was concerned that by engaging in the above conduct Dodo likely contravened the misleading or deceptive conduct, false or misleading representation and offering of gifts or other free items provisions of the TPA.
The undertakings given by Dodo include it:
writing to the consumers affected by the conduct;
paying refunds to consumers;
reducing the monthly fee for each of the free offer plans; and
implementing and maintaining a revised trade practices compliance program.
Jarvis Walker Pty Ltd is a wholesaler of fishing rods and tackle, marine accessories and camping equipment to boating, fishing, sports and camping retailers and distributors in Australia and internationally. Its products are marketed under a number of brands, including Jarvis Marine.
In a section 87B undertaking accepted by the ACCC, Jarvis Walker acknowledges that it contravened section 65C(1)(a) of the Trade Practices Act 1974 by supplying elastic luggage straps without a warning label as required by regulation 11C of the Trade Practices (Consumer Product Safety Standards) Regulations 1979.
The non-compliant products were supplied between 25 October 2005 and 12 December 2008 to numerous traders across Australia for retail sale to consumers or for further distribution.
Jarvis Walker voluntarily published product safety recall notices in three publications between 27 December 2008 and February 2009, and used its best endeavours to ensure that retailers of the product displayed a copy of the product safety recall notice in stores for two months. Jarvis Walker has since decided to permanently remove the product from its product line.
Under the court enforceable undertaking Jarvis Walker has agreed to ensure that each product it supplies complies with any relevant consumer product safety standard, and to implement a Trade Practices Compliance Program.
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