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Between about March 2007 and at least March 2009, Basfoods (Aust) Pty Ltd represented via the product’s labelling and in its dealings with its customers – who were mostly delicatessens, small food retailers and restaurants – that edible oil labelled “Aigeon Oil 100% Extra Virgin Olive Oil” (Aigeon) was extra virgin olive oil (Extra Virgin Olive Oil Representation). The ACCC considers that Basfoods has engaged in false, misleading and deceptive conduct by making the Extra Virgin Olive Oil Representation because the product was not, in fact, extra virgin olive oil. Basfoods admits that, by making the Extra Virgin Olive Oil Representation, it made representations about Aigeon that were false, misleading and deceptive in contravention of sections 52 and 53(a) of the Trade Practices Act 1974. Basfoods has provided court enforceable undertakings to the ACCC that, for a period of three years, it will: not represent that a cooking oil is “extra virgin olive oil”, “virgin olive oil” or “olive oil” when it is not; prior to supplying a batch of edible oil in Australia labelled “olive oil”, “virgin olive oil” or “extra virgin olive oil –  require the producer or its supplier of the edible oil to provide a certificate of analysis, or equivalent document, demonstrating compliance of a sample from the applicable batch with the International Olive Council’s (IOC) Trade Standard Applying to Olive Oils and Olive-Pomace Oils (IOC Standard) or other equivalent or recognised standard; and commission a NATA or IOC accredited laboratory within Australia to test a sample from the applicable batch against the IOC Standard or other equivalent or recognised standard; send a letter to each person Basfoods supplied Aigeon to between March 2007 and April 2009 informing them of Basfoods’ conduct; and implement a Trade Practices Compliance Program.

On 21 September 2009, the ACCC accepted the undertaking of Dr Robert Edgar, a director of Asciano Ltd and/or its related bodies corporate. Under the undertaking Dr Edgar agrees to remain an 'Independent Asciano Person'. A person is not an Independent Asciano Person if, amongst other things, he or she, or his or her relative, has an interest in Toll Holdings Ltd (including shares), is employed by Toll, or has, in the past five years, been a director of or adviser to Toll. 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 restructure of its group businesses by way of scheme of arrangement to create a new listed entity and trust, Asciano. The ACCC's decision to consent to the fifth variation was 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.

Undertakings have been provided to the ACCC by The Australian Bush Hat Co Pty Ltd (ABHC) in relation to misleading claims made about its hats. From 2006 to 2009 ABHC represented, on swing tags and labels attached to the hats, that the Premium Selection and Stateman models were Manufactured in Australia when, in fact, that was not the case. The hats were substantially manufactured in India then imported into Australia where they were finished by adding various trimmings including a decorative band and chin cord. ABHC admits that by making the representations it has contravened sections 52 and 53(eb) of the Trade Practices Act 1974. The ACCC has accepted court enforceable undertakings from ABHC including that it will not engage in similar conduct in the future, that it will publish a corrective notice in the West Australian newspaper and establish and implement a Trade Practices Compliance Program.

Netdeen Pty Ltd is the Franchisor of the G.J. Gardner Homes franchise in Australia and overseas. G.J.

On 21 September 2009, the ACCC accepted the undertaking of Mr Geoffrey Kleeman, a director of Asciano Ltd and/or its related bodies corporate. Under the undertaking Mr Kleeman agrees to remain an 'Independent Asciano Person'.

On 21 September 2009, the ACCC accepted the undertaking of Mr Malcolm Broomhead, a director of Asciano Ltd and/or its related bodies corporate. Under the undertaking Mr Broomhead agrees to remain an 'Independent Asciano Person'.

Undertakings have been provided to the ACCC by hypnotherapists Angelo and Susan Sette trading as Stop Smoking in One Hour, concerning misleading representations as to the success rate of their smoking cessation treatments. During 2008, the Settes claimed in their pamphlets and on their website that 100% of smokers successfully give up smoking after a maximum of four treatment sessions. The Settes admitted that they could not substantiate these claims and acknowledge that the conduct may have contravened sections 52 and 53(c) of the Trade Practices Act 1974. The ACCC has accepted court enforceable undertakings from The Settes that they will not engage in similar conduct in the future and will attend a Trade Practices Compliance Seminar. If consumers attended four hypnotherapy sessions conducted by the Settes and did not successfully stop smoking then they can contact the Settes on (03) 9471 9898 to obtain a refund of the cost of their hypnotherapy sessions. A corrective notice will be published on their website and in The Australian newspaper.  

The ACCC’s inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres. The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements could have the purpose and/or effect of substantially lessening competition in a market.  Coles is a party to a number of the lease agreement which was the subject of an ACCC investigation. In particular, the ACCC is concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or in retail grocery markets. To address the ACCC’s concerns, Coles has provided an Undertaking pursuant to section 87B of the TPA.

The ACCC’s inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres. The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements could have the purpose and/or effect of substantially lessening competition in a market.  Woolworths is a party to a number of the lease agreement which was the subject of an ACCC investigation. In particular, the ACCC is concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or in retail grocery markets. To address the ACCC’s concerns, Woolworths has provided an Undertaking pursuant to section 87B of the TPA.