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Price fixing arrangement in relation to the imposition of an agency service fee. Undertakings given to: develop and implement an internal trade practices compliance program, to remain in force for three years; and appoint a senior executive as Compliance Officer.

False or misleading representations in relation to the marketing of its vinyl cladding products business. Undertaking to refrain from representing that: all its products carry a Standards Australia licence number when only some of its products carry that licence number; Abbey Constructions Pty Ltd was the winner of the Telecom – Queensland Government Business Award in 1993; and its product is `environmentally friendly’ unless that claim is properly substantiated. Further, to: put in place internal procedures to ensure that the product it markets, sells and advertises is clearly identifiable; and implement an internal trade practices compliance program.

False or misleading representations in relation to advertising, and exclusive dealing in requirement that customers wishing to purchase a flight to London also purchase travel insurance with a nominated insurer. Undertakings given to: withdraw its current advertising and in future ensure that full details are provided in its advertising of all conditions applicable to its offers; refrain from representing that insurance from a nominated supplier is compulsory in relation to any of its flights or other services; publish corrective advertising in each newspaper and publication in which the advertising originally appeared; and institute an internal trade practices compliance program

Price fixing. Trade practices compliance undertakings.  

Price fixing arrangements in relation to the distribution of frozen foods in Tasmania. Undertakings given to: provide trade practices compliance training on a regular basis to all its employees, servants or agents who occupy managerial, sales or buying positions; produce or acquire a trade practices compliance manual and provide a copy to each of its employees, servants or agents; and examine its practices, procedures and policies to ensure that they comply with the provisions of the Trade Practices Act. The undertaking follows the imposition of pecuniary penalties and injunctions by the Federal Court (see ACCC Journal no. 4, p. 18).

Misleading and/or false representations about the suitability of yellow-lensed glasses for driving, and supplying sunglasses that did not comply with a consumer product safety standard. Undertakings given to: recall Aerial Vision yellow-lensed glasses; appropriately relabel four types of sunglasses; refrain from making false or misleading representations about the glasses and sunglasses it supplies; and in future supply only those sunglasses that comply with the consumer product safety standard.

Misleading and deceptive conduct and false representations in relation to labelling on orange juice products. Undertakings given to: cease using the label ‘Orchard Fresh’ on any future packaging; place corrective advertising in a WA newspaper; and implement a trade practices compliance program.

Misleading conduct in relation to country of origin labelling of baseball caps. Undertakings given to: place corrective advertising offering refunds; develop and implement a trade practices compliance program for executive directors and staff; and implement checking procedures to prevent the re-occurrence of similar labelling problems.

Misleading and deceptive conduct in relation to a wiring repair plan. Undertakings given: to cease charging for the plan; and to use its best endeavours to refund to current and non-current customers the amount paid for the plan since 1992, including by placing advertisements in newspapers asking non-current customers to contact Telstra regarding a refund.

Price fixing arrangements in relation to frozen foods in Tasmania. Undertakings given to: provide trade practices compliance training, as well as a comprehensive compliance manual, to its employees, servants or agents; and examine its practices and policies to ensure they comply with the Trade Practices Act. The undertaking follows the imposition of pecuniary penalties and injunctions by the Federal Court (see ACCC Journal no. 4, p. 18).

Misleading labelling on two of its juice products. Undertakings given to place corrective advertising in newspapers, and to adhere to a corporate compliance program.

Proposed acquisition by Sigma of QDL was not opposed, because the concerns raised by the Commission that the acquisition would reduce competition in the pharmaceuticals wholesaling business in Victoria. The undertaking was such that should Sigma acquire QDL, it would then sell the two Victorian short line wholesaling businesses, Western Supply Company Pty Ltd and LKJ Newman & Co Pty Ltd that were recently acquired by QDL.

Misleading representations that goods would be transported by air when they were often transported by road. Undertakings given to: send letters of apology to relevant customers who used the IPEC Priority Express service during the 12 months to June 1996, offering $50 refunds or credits; publish apology notices in newspapers, providing a contact for queries; and develop trade practices compliance training and educational activities.

 Price fixing. Compliance undertakings.

False or misleading representations in relation to the place of origin of barbecues. Undertakings given to: use only the representation ‘Designed and manufactured in Australia using Australian and imported parts’ in relation to the origin of its barbecues (for three years); provide refunds to affected customers; and place corrective advertising in Australian newspapers.

Resale price maintenance in supply of prestige men’s clothing. Undertaking given to develop a trade practices compliance program. Note:  Includes attachment - Audit of Trade Practices Compliance Program for period ended 30 Sept 97.

Resale price maintenance in relation to supply of ‘Mountain Design’ outdoor adventure products. Undertakings given to: delete or strike through the proviso in the offending clause (or any clause with similar effect) in any franchise agreements it issues; review all franchise and supply agreements used by each company in the group to ensure the agreements do not contain clauses that breach the Trade Practices Act; develop a Commission-approved compliance education program; and apply for registration with the Franchising Code Council Ltd and adhere to its code of conduct.

False or misleading representations about place of origin of bedding ensembles. Undertaking for three years to: not supply a bedding ensemble labelled or otherwise represented as containing items made in Australia where such items are not made in Australia; relabel reserve stocks of the bedding ensembles held by the company; notify K-Mart, and any other retailer to whom the bedding ensembles had been sold or supplied, of the undertakings and make best efforts at its own cost to relabel, replace or recall the bedding ensembles; and continue to participate in the corporate compliance program established for the Pacific Dunlop group.

Unconscionable conduct in commercial transactions and misleading and deceptive conduct in relation to a Hamilton Island concessionaire. Undertaking given to conduct management seminars on the Trade Practices Act and to develop a compliance manual for all company management staff.

Misleading or deceptive conduct in relation to the level of supply of mobile security services. Undertakings given to: maintain sufficient staff levels including adequate back-up resources; maintain procedures for monitoring patrol attendances and inspection recording; advise clients of shared nature of service and exceptional circumstances in which services may not be provided; offer 2.5 per cent compensation to Perth metropolitan clients; fully refund significantly under-serviced clients; and establish a trade practices compliance program.