100 results, showing 21 to 40
On 27 September 2007, the ACCC accepted the undertaking of Mr Peter Tan Chin Hock, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Peter Tan Chin Hock agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 27 September 2007, the ACCC accepted the undertaking of Mr Victor Tan Chin Ann, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Victor Tan Chin Ann agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 23 August 2006 the ACCC commenced proceedings in the Federal Court of Australia against Bovis Lend Lease Pty Limited (BLL) in relation to an alleged arrangement or understanding reached between BLL and the Construction Forestry Mining and Energy Union (CFMEU) concerning the use by BLL of a subcontractor, Bernmar, on the Landmark Building site in the ACT.
BLL admitted certain conduct and, in addition to seeking other remedies by consent in the Federal Court, provided this s.87B undertaking requiring the review of BLL's trade practices compliance programs.
The undertaking supplements the penalty of $100,000, injunctions and costs ordered by Justice Gyles in the Federal Court on 27 September 2007.
In January 2004, APS/MGT and ABC Lasers reached an agreement whereby:
Automated Positioning Systems and Machine Guidance Technology agreed to supply machine guidance products to customers in the civil construction industry in Queensland, Northern Rivers and Vanuatu through ABC Lasers; and
ABC Lasers agreed not to supply machine guidance products to customers in the mining industry.
APS, MGT and ABC Lasers have offered undertaking to
refrain from entering into or giving effect to similar agreements in the future; and
implement trade practices compliance programs.
The ACCC expressed concerns about the impact that the proposed acquisition of Blockbuster by Video Ezy may have on the national market for the wholesale purchase of new release DVDs and local markets for the rental supply of DVDs to consumers.
The undertaking places restrictions on Video Ezy purchasing new release DVD titles on an exclusive basis in the rental or retail markets for the next five years.
Video Ezy has also undertaken to implement a comprehensive compliance program for its staff and franchisees to increase awareness of the Trade Practices Act.
The undertaking adequately addresses concerns over Video Ezy’s ability to use any upstream buying power gained as a consequence of the acquisition to the detriment of competition in the rental market.
The undertaking also lessens concerns relating to the possibility of coordinated conduct post acquisition.
A Public Competition Assessment will be issued in relation to the proposed acquisition.
On 15 August 2007, the ACCC decided not to intervene in Healthscope Limited’s (Healthscope’s) proposed acquisition of Symbion Health Limited (Symbion) after accepting an undertaking from Healthscope to divest a number of pathology businesses in the north-eastern and Gippsland regions of Victoria.
The ACCC decided that the proposed acquisition, after taking account of the undertaking, is unlikely to substantially lessen competition in the market for the provision of community pathology services in Victoria, for the purposes of section 50 of the Trade Practices Act 1974.
Healthscope undertook to:
divest the Gippsland pathology business, Benalla pathology business and Albury pathology business operated by Symbion and the Wangaratta pathology business operated by Healthscope (together the divestiture business) to a purchaser approved by the ACCC within a specified timeframe;
appoint a divestiture agent to sell the divestiture business if Healthscope is unable to sell the divestiture business within the specified timeframe;
ensure that the management of Healthscope is kept separate from the management of the divestiture business until the divestiture business is divested; and
appoint an independent manager to manage the divestiture business as a separate, fully operational and competitive going concern until it is divested.
On 8 August 2007 Babcock & Brown Power Limited, Babcock & Brown Power Services Limited in its capacity as trustee of the Babcock & Brown Power Trust, Babcock & Brown Infrastructure Limited and Babcock & Brown Investor Services Limited as trustee for the Babcock & Brown Infrastructure Trust offered undertakings to the ACCC in connection with the parties' proposed acquisition of Alinta Limited.
Under the proposed acquisition Alinta’s gas and electricity assets, a 35% interest in the Australian Pipeline Trust, and shares in Australian Pipeline Limited, will be allocated between Singapore Power and Babcock and Brown funds.
The undertakings require the Babcock and Brown Infrastructure Fund to ensure that information relating to the operation of the Dampier to Bunbury Natural Gas Pipeline in Western Australia is not disclosed to other Babcock and Brown entities including the Babcock and Brown Power Fund.
The Babcock and Brown Power Fund operates energy businesses that obtain gas supply from the Dampier to Bunbury Pipeline and which compete against other businesses who also rely upon the pipeline for their supplies of gas.
A Public Competition Assessment is available in the Mergers section of the ACCC's website.
On 29 March 2011 Alinta Energy (previously Babcock & Brown Power Limited and now Redbank Energy Limited) completed a corporate restructure and Redbank ceased to hold any interest in a Downstream Business (as defined in the Undertaking).
On 8 August 2007 Singapore Power International Pte Ltd, Babcock & Brown Infrastructure Limited and Babcock & Brown Investor Services Limited as trustee for the Babcock & Brown Infrastructure Trust offered undertakings to the ACCC in connection with the parties' proposed acquisition of Alinta Limited.
Under the proposed acquisition Alinta’s gas and electricity assets, a 35% interest in the Australian Pipeline Trust, and shares in Australian Pipeline Limited, will be allocated between Singapore Power and Babcock and Brown funds.
The undertakings ensure that Alinta’s 35% interest in APT, which owns the Moomba to Sydney Pipeline and the Parmelia Pipeline, as well as the operating and maintenance contracts for the Moomba to Sydney and Parmelia pipelines, and the APL shares, are divested.
The APT units, and the operating and maintenance contracts will be ring-fenced from the consortium parties’ respective businesses until they are divested.
A Public Competition Assessment is available in the Mergers section of the ACCC's website.
On 2 October 2013 the Undertaking given by Singapore Power International and Babcock and Brown Infrastructure Limited terminated in accordance with its terms.
Uniden Australia Pty Ltd has offered Court enforceable Undertakings to the ACCC requiring it to cease representations that its Atlantis 250 VHF marine handheld two-way radio is waterproof given the standard Uniden used to support its claim only referred to the classification of 'splash-proof'.
Uniden has also undertaken to do the following:
replace all marine radio packaging containing the term 'waterproof' with revised packaging containing the term 'splash-proof';
write to all Uniden retailers / wholesalers and service agents advising of the ACCC's concerns, the packaging changes and the additional rights available to consumers who have the option of obtaining a full refund, replacement or repair;
extend its warranty protection to cover for water damage in relation to marine radios represented as being 'waterproof';
publish a public disclosure notice on the Uniden website; and
establish a trade practices compliance program.
On 18 July 2007, the ACCC decided that the acquisition of Golden Casket Lottery Corporation (Golden Casket) by Tattersall’s Limited (Tattersall’s) would be likely to substantially lessen competition in the market for monitoring and maintaining electronic gaming machines (EGMs) in Queensland, in breach of section 50 of the Trade Practices Act 1974.
On 20 July 2007, the ACCC accepted undertakings from Tattersall’s to remedy the ACCC’s competition concerns, and the ACCC decided not to intervene in the acquisition.
Tattersall’s undertook to:
divest Golden Casket subsidiary, Bounty Limited (Bounty), to a purchaser approved by the ACCC within a specified timeframe;
appoint a divestiture agent to sell Bounty if Tattersall’s is unable to sell Bounty within the specified timeframe;
ensure that the management of Bounty is kept separate from the management of Tattersall’s until Bounty is divested;
appoint an independent manager to manage Bounty until it is divested; and
facilitate each Bounty director to provide a section 87B undertaking to the ACCC that he/she would:
not use non-public Bounty information for the benefit of any person other than Bounty; and
not participate in any Tattersall’s discussions pertaining to the monitoring and maintenance of EGMs in Queensland.
These are the undertakings provided by Bounty director Paul James Leonard
Jordan Tatum Enterprises Pty Ltd (‘JTE’) is the proprietor of the Burdekin Hotel in Ayr, Queensland.
In about July 2006, Nathan Hunt, director of JTE and manager of the Burdekin Hotel, arranged a meeting with other hoteliers in Ayr to attempt to make or arrive at an arrangement or understanding in relation to the price of over-the-bar alcoholic beverages.
JTE and Mr Hunt have admitted that this conduct may have constituted an attempted contravention of section 45 of the TPA, which prohibits price fixing.
JTE and Mr Hunt have undertaken:
to not engage in any activity constituting price fixing or attempting to fix prices;
that Mr Hunt will undertake trade practices compliance training at least once a year for 3 years;
to use best endeavours to have published, in an Australian hotel industry newsletter, an article concerning price fixing; and
to implement and maintain a trade practices compliance program in relation to any business currently operating, or acquired within the next 3 years, by JTE or any other corporation controlled by Mr Hunt.
Section 87B Undertaking by ACN 098 540 633 Pty Ltd (formerly Quizno's Australia Pty Ltd) concerning various alleged representations made to potential and actual franchisees about the Quizno's franchise.
ACN 098 is to make an offer of payment to former and potential franchisees who have lodged complaints with the ACCC.
On 18 July 2007, the ACCC decided that the acquisition of Golden Casket Lottery Corporation (Golden Casket) by Tattersall’s Limited (Tattersall’s) would be likely to substantially lessen competition in the market for monitoring and maintaining electronic gaming machines (EGMs) in Queensland, in breach of section 50 of the Trade Practices Act 1974.
On 18 July 2007, the ACCC decided that the acquisition of Golden Casket Lottery Corporation (Golden Casket) by Tattersall’s Limited (Tattersall’s) would be likely to substantially lessen competition in the market for monitoring and maintaining electronic gaming machines (EGMs) in Queensland, in breach of section 50 of the Trade Practices Act 1974.
On 20 July 2007, the ACCC accepted undertakings from Tattersall’s to remedy the ACCC’s competition concerns, and the ACCC decided not to intervene in the acquisition.
Tattersall’s undertook to:
divest Golden Casket subsidiary, Bounty Limited (Bounty), to a purchaser approved by the ACCC within a specified timeframe;
appoint a divestiture agent to sell Bounty if Tattersall’s is unable to sell Bounty within the specified timeframe;
ensure that the management of Bounty is kept separate from the management of Tattersall’s until Bounty is divested;
appoint an independent manager to manage Bounty until it is divested; and
facilitate each Bounty director to provide a section 87B undertaking to the ACCC that he/she would:
not use non-public Bounty information for the benefit of any person other than Bounty; and
not participate in any Tattersall’s discussions pertaining to the monitoring and maintenance of EGMs in Queensland.
These are the undertakings provided by Bounty director William Thorburn
On 25 July 2007 the ACCC accepted the undertaking of Mr Mark Smith, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Mark Smith agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
In addition, Mr Mark Smith 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 July 2007, the ACCC decided that the acquisition of Golden Casket Lottery Corporation (Golden Casket) by Tattersall’s Limited (Tattersall’s) would be likely to substantially lessen competition in the market for monitoring and maintaining electronic gaming machines (EGMs) in Queensland, in breach of section 50 of the Trade Practices Act 1974.
On 20 July 2007, the ACCC accepted undertakings from Tattersall’s to remedy the ACCC’s competition concerns, and the ACCC decided not to intervene in the acquisition.
Tattersall’s undertook to:
divest Golden Casket subsidiary, Bounty Limited (Bounty), to a purchaser approved by the ACCC within a specified timeframe;
appoint a divestiture agent to sell Bounty if Tattersall’s is unable to sell Bounty within the specified timeframe;
ensure that the management of Bounty is kept separate from the management of Tattersall’s until Bounty is divested;
appoint an independent manager to manage Bounty until it is divested; and
facilitate each Bounty director to provide a section 87B undertaking to the ACCC that he/she would:
not use non-public Bounty information for the benefit of any person other than Bounty; and
not participate in any Tattersall’s discussions pertaining to the monitoring and maintenance of EGMs in Queensland.
Kwala Skateboards has provided an 87B Undertaking to the ACCC that it will cease requiring retailers to sell its goods at the recommended retail price.
In addition it will undertake a trade practices compliance program and send a letter to each of its customers advising of these facts.
The ACCC has accepted court enforceable undertakings from United Air Lines in relation to its advertised price of their airfares.
To address the ACCC’s concerns, United Air Lines has given the ACCC court enforceable undertakings that its future advertisements will include all taxes, levies and charges applicable to airline tickets.
United Air Lines will also review its trade practices compliance program to ensure similar potential breaches of the Act do not occur in the future.
On 4 July 2007 the ACCC accepted the undertaking of Mr Christopher Charles Barlow a director of Asciano Limited and/or its related bodies corporate.
Under the undertaking Mr Christopher Charles Barlow agrees to remain an 'Independent Asciano Person'.
On 4 July 2007 the ACCC accepted the undertaking of Mr Timothy Michael Poole a director of Asciano Limited and/or its related bodies corporate.
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