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On 15 July 2009, the ACCC accepted the undertaking of Steven William Bowers, a director of Toll Holdings Ltd and/or its related bodies corporate. Under the undertaking Steven William Bowers agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano. In addition, Steven William Bowers 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. 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 is given effect through the following documents: a variation to Toll's undertakings a new undertaking from Asciano Limited new undertakings from the directors of Toll and Asciano. A copy of those documents can be viewed on the ACCC’s website.

AMV Holding Limited (UK Company number 05811953) (AMV) is a mobile premium services content service provider. Its products are advertised in youth magazines in Australia under the name “Bling”. The matter was settled by consent on 7 April 2009.

Direct Savings Stones Corner Pty Ltd (Direct Savings SC) operates a discount variety store located in Stones Corner in Brisbane which retails a wide variety of discount consumer goods, including elastic luggage straps. In a section 87B undertaking accepted by the ACCC,  Direct Savings SC acknowledges that it contravened section 65C(1)(a) of the Trade Practices Act 1974 by supplying two types of "Boboriyong" 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 22 September 2008 and 15 December 2008 to consumers. Direct Savings SC immediately arranged for the products to be withdrawn from its stores. It voluntarily published a product safety recall notice in the Courier Mail newspaper on 17-18 January 2009, and displayed a copy of the product safety recall notice in its store for two months. Under the court enforceable undertaking Direct Savings SC 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.

Direct Savings Pty Ltd (Direct Savings) operates a discount variety store located in the Brisbane CBD, which retails a wide variety of discount consumer goods, including elastic luggage straps. In a section 87B undertaking accepted by the ACCC,  Direct Savings acknowledges that it contravened section 65C(1)(a) of the Trade Practices Act 1974 by supplying two types of "Boboriyong" 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 22 September 2008 and 15 December 2008 to consumers. Direct Savings immediately arranged for the products to be withdrawn from its stores. It voluntarily published a product safety recall notice in the Courier Mail newspaper on 17-18 January 2009, and displayed a copy of the product safety recall notice in its store for two months. Under the court enforceable undertaking Direct Savings 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.

Spray Pave has acknowledged that it is likely to have breached the Trade Practices Act in:

I-Life Factory Pty Ltd (I-Life Factory) operates a discount variety store located in Fortitude Valley in Brisbane which retails a wide variety of discount consumer goods, including elastic luggage straps. In a section 87B undertaking accepted by the ACCC, I-Life Factory acknowledges that it contravened section 65C(1)(a) of the Trade Practices Act 1974 by supplying two types of "Boboriyong" 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 22 September 2008 and 15 December 2008 to consumers. I-Life Factory immediately arranged for the products to be withdrawn from its stores. It voluntarily published a product safety recall notice in the Courier Mail newspaper on 17-18 January 2009, and displayed a copy of the product safety recall notice in its store for two months. Under the court enforceable undertaking I-Life Factory 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.

On 11 February 2009, the ACCC announced its decision to oppose the proposed acquisition of Bartter Enterprises Pty Ltd by Baiada Poultry Pty Ltd on the basis that it was likely to substantially lessen competition in markets for the wholesale supply of processed chicken meat. To address the ACCC's competition concerns, Baiada offered an undertaking under section 87B of the Trade Practices Act, which the ACCC has accepted. Baiada has agreed to divest certain assets to La Ionica Poultry.

On 19 June 2009 in the Federal Court in Brisbane, Justice Logan handed down orders against Craftmatic Australia Pty Ltd (Craftmatic), a door-to-door seller of adjustable beds. The Orders made by consent declare that Craftmatic, between August 2005 and at least 1 June 2008, in its marketing and selling techniques of adjustable beds to mainly elderly consumers, was both unconscionable in contravention of section 51AB of the Trade Practices Act 1974 (the Act), and was also misleading and deceptive in contravention of section 52 of the Act. The Court has ordered injunctions for a period of seven years against Craftmatic, restraining it from a wide range of conduct that was found to be misleading and unconscionable. Craftmatic has also provided a court enforceable undertaking to the ACCC that it will review its business practices and methods to ensure that they comply with the Act. This involves Craftmatic appointing a legal practitioner with trade practices experience to review any form, script or instruction (any document) that Craftmatic intends to employ as part of its Compliance Manual. Craftmatic will then not be able to use any document to sell beds or to train representatives to sell beds on its behalf that does not form part of the Compliance Manual. The undertaking also provides that Craftmatic must conduct trade practices training for all new employees and retraining of existing employees in accordance with the Compliance Manual. The undertaking has effect for a period of seven years.

Super A-Mart is a furniture retailer, with 24 stores across Queensland, New South Wales and Western Australia.  It regularly promotes its sales via catalogues, television and radio advertisements. Some of Super A-Mart’s advertisements in 2007 contained representations which were qualified by fine print disclaimers which were not sufficiently prominent and were too imprecise to adequately qualify the representations. The ACCC considers Super A-Mart’s conduct may constitute misleading and deceptive conduct in contravention of section 52 of the Trade Practices Act.  Super A-Mart admits the conduct and acknowledges the ACCC’s concerns. Super A-Mart provided undertakings that it will: clearly label display stock as not for sale review the size of symbols used in its catalogues (such as asterisks) which are intended to refer consumers to qualifying terms and conditions located elsewhere in the catalogue review the wording used in disclaimers (written and oral) display public notices in store and on its website review and, if necessary, improve its internal Catalogue Review Process and TV and Radio Advertisement Review Process, to increase the accuracy and consistency of its advertising implement a Trade Practices Compliance Program, including Trade Practices training.

Undertakings given to the ACCC by Londy Pty Ltd trading as Purely Commercials, a dealer of light commercial vehicles in Western Australia concerning misleading representations about a tax benefit that applied to purchasers of vehicles displayed in an advertisement. On 22 February 2009, Londy published a full page advertisement featuring second hand vehicles that it had available for sale to the public in the CARSguide section of the Sunday Times newspaper.

PMP Distribution a wholly owned subsidiary of PMP Limited, distributes advertising material, publications and product samples to Australian households, through a network of distributors and deliverers, known as 'walkers' who deliver materials by hand to home letterboxes. During 2007 and 2008, PMP Distribution provided some of its customers with reports which included incorrect pamphlet delivery statistics. The reports showed that deliveries had taken place in certain territories when this was not the case. This matter came to light as a result of an internal audit by PMP Distribution. Once aware of the problem, PMP Distribution contacted affected customers and brought this matter to the attention of the ACCC.

Furniture and Bedding Concepts Ltd, formerly known as Sleep City Holdings Ltd  (FBC) is the parent company which owns and operates businesses under the following brand names: ‘Sleep City’, regarding the manufacture, importing and retailing of bedding products; and ‘Everyday Living’, regarding the manufacture, importing and retailing of furniture and home wares.  In August 2008, FBC published a Spring ‘08 catalogue on behalf of its Sleep City and Everyday Living businesses for the period of 14 August 2008 until 30 September 2008 (“the sale”). Many of the products in the Spring ’08 catalogue were promoted by comparison pricing in the “Now $X Save $Y” format (“the products”). FBC admits that the represented savings for the products were determined in comparison to FBC’s own internally determined recommended retail prices, rather than the prices at which the products were offered for sale or sold immediately prior to the commencement of the sale. FBC admits that the prices at which many of the products were offered for sale or sold for a reasonable period immediately prior to the commencement of the sale were lower than the recommended retail prices. Accordingly, FBC admits that the representations made in the ‘Now $X Save $Y’ format in the Spring ’08 catalogue did not accurately reflect the actual savings available for many of the products for the duration of the sale, and were likely to breach sections 52 and 53(e) of the Act. FBC has ceased the conduct of conern and offered the ACCC a section 87B undertaking that it will: not make misleading price representations for a period of 3 years; offer affected consumers a $100 gift voucher; send a letter of apology to affected consumers and offer them a $100 gift voucher; publish corrective notices on its websites and in its retail stores; publish an information article in a relevent industry magazine; and strengthen its existing Trade Practices Compliance Program.

Janome Australia Pty Ltd (Janome), the  wholesaler of Janome branded sewing machines, quilting machines, overlockers and associated products in Australia, and its Managing Director, Mr Toshiya Takayasu have admitted that they engaged in conduct in contravention of section 48 of the Trade Practices Act. Between February and April 2008 Janome sought to implement a Minimum Advertised Price (MAP) Policy across its reseller network. The Policy was devised by Mr Takayasu and provided that resellers: should not advertise products supplied by Janome at a price lower than the MAP published by Janome. it would come into effect on 1 April 2008. it applied to all forms of advertising except in-store displays, in-store banners, in-store price markings, quotes and contracts; and in the event of a violation of the  Policy, Janome may revoke the authorisation of a retailer to sell Janome products. Mr Takayasu and Janome have undertaken not to engage in similar conduct in the future. Janome has also undetaken to: Implement and maintain a Trade Practices Compliance Program for 3 years; Write to all its resellers advising them of its conduct and its breach of the Act; Publish a corrective notice on its website for 3 months; and Publish a full page corrective notice in Australian Stitches and Embroidery and Cross Stitch magazines.

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.