114 results, showing 1 to 20
Withdrawal of undertaking
This is the withdrawal of the Undertaking offered by The Greater Union Organisation Pty Ltd (Greater Union) and The Hoyts Corporation Pty Limited (Hoyts) with respect to the joint operation of cinema complexes in the Brisbane CBD at the Regent and Myer Centres.
In September 2005 Repco Limited advertised a '$1 Million Sizzling Sound Sellout' by circulating 3.9 million catalogues to consumers' letterboxes and via in store distribution stands.
The sale was advertised as commencing on 8 September 2005 and concluding on 25 September 2005.
GardenWay Nurseries (Qld) Pty Ltd advertised its products in newspapers and on its website, throughout 2004 and into early 2005, by making price comparisons between a “sale” or “liquidation” price for its products and a “previous” or “original” price for the products.
On 14 December, Airservices Australia (Airservices) lodged a formal price notification under subsection 95Z(5) of the Trade Practices Act 1974 Airservices proposed a path of prices for its aviation rescue and fire fighting services to apply from 1 January 2006, and ending 30 June 2009.
Dannon Pty Ltd is incorporated in Western Australia and carries on business as a distributor of the Ceres range of fruit juices.
This variation relates to the annual batch testing by Super Cheap Auto Pty Ltd of their trolley jacks, as agreed to in their undertaking dated 16 February, 2005.
The variation enables Super Cheap Auto Pty Ltd to utilise the services of a non-NATA accredited agency, provided that the test is still performed in accordance with the Standard
Withdrawal of Section 87B Undertaking
On 29 November 2005, Queensland Newsagents Federation Limited (QNF) requested consent to withdraw the Undertaking on the bases that:
there was no sunset clause;
it is now more than four years since the Undertaking came into effect; and
in that time QNF has fulfilled the terms of the Undertaking and has not engaged in conduct contrary to the TPA.
On 8 December 2005, the ACCC agreed to consent to a withdrawal of the Undertaking
In addition to civil proceedings filed by the ACCC against GO Drew Pty Ltd, GO Drew Pty Ltd has provided a court enforceable undertaking to the ACCC following its admission its conduct of substituting organic eggs with non-organic eggs in its Essential Foods organic egg range may have amounted to false, misleading and deceptive conduct in contravention of the TPA.
The section 87B undertaking provides for a distribution of $270,000 for the benefit of the organic industry between the Organic Federation of Australia and the National Association for Sustainable Agriculture Australia.
The amounts allocated were proposed by GO Drew Pty Ltd.
Harris Scarfe retailed children's nightwear labelled "Low fire risk" which, when tested, failed to comply with the mandatory safety standard.
The undertaking includes a public recall by the retailer and the supplier, RJN.
RJN has also given a similar undertaking
The undertaking extends CSA's 2001 undertaking with the following alterations:
Austwide Wholesalers Pty Ltd supplied children's cosmetics which did not contain lists of ingredients, or contained ingredients lists that were too small to be legible, contrary to the requirements of the Trade Practices (Consumer Product Information Standards)(Cosmetics) Regulations 1991, in contravention of section 65D of the TPA
Austwide has agreed to provide to the ACCC an undertaking which provides for the upgrade of Austwide's existing compliance program and the implementation of the upgraded trade practices compliance program for a period of 3 years
Mayvic Pty Ltd has provided court enforceable undertakings to the ACCC after making representations the ACCC believe to be misleading on its range of 'Sweda' hot water bottles.
The hot water bottles were stamped with the British Standard marking BS1970:2000 but when a sample was tested it failed to comply.
Mayvic has agreed to cease supply and to implement a trade practices compliance program
Livingstone International Pty Ltd has provided court enforceable undertakings to the ACCC after making representations the ACCC believe to be misleading on its range of hot water bottles.
The hot water bottles were stamped with the British Standard marking BS1970:2000 but when a sample was tested it failed to comply.
Livingstone International has agreed to cease supply and to implement a trade practices compliance program
Break Free Holidays Pty Ltd has provided court-enforceable undertakings to the ACCC in relation to the six trademarks it holds over the word ‘schoolies’.
The ACCC had concerns covering five areas of potentially misleading and deceptive conduct on the part of Break Free Holidays:
use of the symbol ‘TM’ or ® in conjunction with the word ‘Schoolies’
advising others that Break Free Holidays holds trademarks over the word ‘Schoolies’
asserting to others that the use of the word ‘Schoolies’ may be an infringement of the trademark/s
threatening to commence legal action for infringement of the trademark/s, and
asserting that approval was required in order to be able to refer to ‘Schoolies’, or requesting that words to the effect of ‘used by permission of Break Free Holidays’ appear in conjunction with the word ‘Schoolies’.
The ACCC is of the view that Break Free Holidays, in asserting its rights over the trademarks regardless of the context in which the word ‘Schoolies’ was used, could be considered misleading and deceptive and in breach of section 52 of the Trade Practices Act 1974 (the TPA).
Break Free Holidays acknowledges that the ACCC has concerns about this conduct.
The Undertaking requires Break Free Holidays to do three things:
not do any of the actions referred to above for five years, without first obtaining legal advice to the effect that the use by the third party of ‘schoolies’ is use of the word as a trademark;
establish a Register of Communications to document any approaches made to third parties about use of ‘schoolies’. This will be provided to the ACCC annually for three years; and
implementation of a Compliance Program to cover Part V Div 1 of the TPA, for three years.
Mr Yummy Australia Pty Ltd which owns certain trade names including 'Mr Yummy', and International Catering Pty Ltd (the companies) sell ice cream products in certain parts of South East Queensland.
Imperial Tobacco Australia has undertaken that it will:
remove 'light' and 'mild' descriptors and related numbers from all cigarettes produced for Australian consumers by 1 October 2005 and by 24 October for imported cigarettes;
not make claims about the health benefits of low yield cigarettes when compared to high yield cigarettes; and
pay $1 million to the ACCC to fund anti-smoking consumer education campaigns and programs concerning low yield cigarettes.
This undertaking varies the undertaking originally given by A.P. Moller-Maersk A/S on 3 August 2005 and accepted by the ACCC on 4 August 2005
Withdrawal of undertaking
A s87B Undertaking from the Australian Stock Exchange Limited (ASX) and the ASX Settlement and Transfer Corporation (ASTC) was accepted by the ACCC on 8 May 2000.
The parts of this file may be downloaded by clicking on the hyperlinks below.
The attached document varies the undertaking accepted by the ACCC on 13 April 2005.
Primarily the variation:
requires the CEO of each divestiture hospital to provide a Ramsay Manager approved by the ACCC with 'equivalent periodic reporting information' as was provided to Affinity senior management pre-acquisition;
allows the Ramsay Manager to intervene in the management of a divestiture hospital if, and only to the extent that, he believes intervention is necessary to preserve the value or effective operation of that business; and
allows Ramsay to retain North West Hospital in Brisbane
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