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A revised replacement for this undertaking was accepted by the ACCC on 27 November, 2006.
In light of the acceptance by the ACCC of Alinta's undertakings on 27 November 2006, Alinta's undertakings of 3 August 2006 were considered no longer relevant and were subsequently withdrawn.
Replacement undertaking
Withdrawn undertaking by Alinta Limited 3 August 2006:
On 3 August 2006, the ACCC issued a media release announcing that it had accepted section 87B undertakings offered by Alinta Limited pursuant to section 87B of the TPA in relation to the Alinta-AGL Joint Merger Proposal.
As background, the ACCC notes that during the period prior to accepting the undertakings it considered 3 different proposals relating to AGL and Alinta.
The first proposal was AGL’s proposed acquisition of Alinta. The ACCC accepted undertakings in relation to that proposal on 16 June 2006.
The second proposal was Alinta’s proposed acquisition of AGL. At this point in time (3 August 2006) that matter has been suspended awaiting further information from Alinta.
The third proposal is the subject of these undertakings, the AGL-Alinta Joint Merger Proposal. The AGL-Alinta Joint Merger Proposal reflects a Merger Implementation Agreement signed between AGL and Alinta on 1 June 2006.
In summary, the Undertakings provided by Alinta in relation to the Alinta-AGL Joint Merger Proposal require:
that Alinta divest the interest that it will obtain in Australian Pipeline Trust and Australian Pipeline Limited by a specified confidential date;
that Alinta divest the Agility contracts (Agility is currently a subsidiary of AGL) that involve supplying management and operational services to the Moomba to Sydney and Parmelia Pipelines; and
that Alinta abide by various hold separate and ring fencing commitments, including a commitment by Alinta not to nominate or vote on APL board appointments.
The undertaking notes that the ACCC may waive the requirement to divest the Agility contracts. The ACCC will make market inquiries in order to assist its decision as to whether it should waive the requirement to divest the Agility contracts.
The key competition concerns are addressed by the undertaking. The first key competition concern identified arose due to the possibility of aggregation of interests in the Moomba to Sydney Pipeline (currently owned by APT) and the Eastern Gas Pipeline (in which Alinta currently has an interest). These are the two key pipelines supplying the Sydney region. The second key competition concern identified arose due to the possibility of aggregation of interests in the Parmelia Gas Pipeline (currently owned by APT) and the Dampier to Bunbury Natural Gas Pipeline (in which Alinta has an interest). The Dampier to Bunbury Natural Gas Pipeline and the Parmelia Gas Pipeline are the two key pipelines supplying the Perth region.
Replaced by undertaking dated 4 October, 2006
The undertaking requires AGL and GEAC to provide information to the ACCC concerning hedges, derivative transactions and power purchase agreements.
Beaver Sales Pty Limited wholesales and distributes the Black Rat Power Lifter Jack, a product in respect of which there is a prescribed consumer product safety standard declared by the Minister, pursuant to section 65E(1) of the TPA to be a consumer product safety standard for the purposes of section 65C of the TPA.
The ACCC commenced proceedings in the Federal Court of Australia alleging, inter alia, that the Black Rat Jack does not comply with the Standard.
Linen House Pty Ltd, trading as Linen House, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its own-brand ‘Linen House’ goose down quilts.
Linen House has represented to consumers that its ‘Linen House’ quilts contain 100% goose down. It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.
ACCC and Linen House testing (by independent, professional testers based in Australia) of a sample of ‘Linen House’ quilts represented as containing 100% goose down showed that the quilts contained in the range of 50% - 55% goose down, substantially less than the represented 100% goose down.
Linen House advised the ACCC that its 100% down content claims were made in reliance on incorrect test reports provided by its overseas supplier and on labelling percentage ‘tolerances’ allowed under the Australian Standard (AS) 2479-1987 (Down and/or feather filling materials and filled products), and that it had not intended to mislead or deceive consumers.
Linen House has undertaken to:
not promote that any of its products contain 100% down;
not make any other down content percentage representations which include any percentage tolerance or allowance;
not make any down content percentage representations that it cannot substantiate by way of testing of its finished down products in accordance with the testing method specified in AS-2479 or International Down & Feather Bureau approved testing methods;
place a corrective notice on its web-site for 90 days;
place corrective newspaper advertisements in each State and Territory in which ‘Linen House’ quilts have been sold, offering full refunds to consumers who purchased ‘Linen House’ quilts and wish to return them; and
implement a trade practices compliance program including independent reviews.
Sheridan Australia Pty Ltd, trading as Sheridan, has provided a court enforceable undertaking to the ACCC in respect to representations concerning its ‘Sheridan Ultradown’ goose down quilts.
Sheridan has represented to consumers that its ‘Sheridan Ultradown’ quilts contain 100% goose down. It is widely acknowledged in the down products industry that it is highly unlikely that 100% down content could be achieved under normal commercial manufacturing processes.
ACCC testing of a sample of ‘Sheridan Ultradown’ quilts represented as containing 100% goose down showed that the quilts contained in the range of 80% - 85% goose down, significantly less than the represented 100% goose down.
Sheridan advised the ACCC that its 100% down content claims were made in reliance on test reports provided by its overseas supplier and on labelling percentage ‘tolerances’ allowed under the Australian Standard (AS) 2479-1987 (Down and/or feather filling materials and filled products), and that it had not intended to mislead or deceive consumers.
Sheridan has undertaken to:
not promote that any of its products contain 100% down;
not make any other down content percentage representations which include any percentage tolerance or allowance;
not make any down content percentage representations that it cannot substantiate by way of testing of its finished down products in accordance with the testing method specified in AS-2479 or International Down & Feather Bureau approved testing methods;
place a corrective notice on its web-site for 90 days;
place corrective newspaper advertisements in each State and Territory in which ‘Sheridan Ultradown’ quilts have been sold; and
revise its existing trade practices compliance program to include independent reviews.
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