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On 21 October 2005 GM Holden Ltd launched the Holden Employee Pricing promotion. The advertisements appeared nationally through television, in the press and online.
The advertisements contained the headline statement "YOU PAY WHAT WE PAY".
Samsara Furniture and Homewares Pty Ltd (Samsara) advertised its products in newspapers, magazines and on its website, throughout 2005, by making price comparisons between previous prices or “was” prices for its products and current sale prices or “now” prices for these products.
The ACCC has concerns that Samsara engaged in comparison price advertising for products that had not been sold by it at the previous or “was” price recently enough to justify making the price comparisons to the public.
The ACCC therefore expressed its view that the claims made by Samsara in its advertisements may have been misleading or deceptive, or may have constituted false or misleading statements concerning prices, in contravention of sections 52 and 53(e) of the TPA.
Samsara has provided court-enforceable undertakings to the ACCC that:
Samsara in future will only engage in comparison price advertising if the price compared to, for a product, is the price at which that product was available reasonably recently, and for a reasonable period, and where reasonable quantities of the product were sold to customers;
Samsara will publish a notice on its website for a period of 8 weeks, explaining the ACCC’s concerns to customers and outlining the main obligations in the undertakings;
Samsara will establish and implement a trade practices compliance program designed to minimise the risk of Samsara breaching the TPA in the future, including requirements to provide practical training and education for staff, and to develop an effective complaints handling process; and
Samsara will refund the purchase price of products that have been purchased by customers who relied on the comparison price advertising, in exchange for the return of the product purchased.
The Just Squeezed Group comprises Just Squeezed Juices Proprietary Limited and Just Squeezed Fruit Juices (NSW) Pty Limited which manufactures and supplied a range of fruit juice products to all States and Territories except Western Australia and Tasmania.
The ACCC has come to the view that the Just Squeezed Group misrepresented the contents of their fruit juice products on the product labels.
Toll Holdings Ltd (Toll) has provided section 87B undertakings to the ACCC in relation to Toll’s acquisition of Patrick Corporation Ltd.
Background
On 22 August 2005 Toll announced its intention to make an offer for all the shares in Patrick that it did not already own (the Proposed Acquisition).
Lake Imaging Pty Ltd has undertaken not to enforce or attempt to enforce restrictions in its sale of business agreement with St John of God Health Care Inc (SJGHC) restricting SJGHC from offering ultrasound services in Ballarat (except at the St John of God Hospital).
Andrew Binetter is a director of Tamarama Fresh Juices Australia Pty Ltd (ACN 003 994 072), which manufactured and supplied bottled fresh juice products.
Sken Pty Ltd (Sken) trades under the name Premier Suzuki and carries on the business of selling new and used motor vehicles in the Perth area.
The ACCC was concerned that Premier made price representations that did not state that dealer delivery charges were applicable to the advertised price of $15 990 when such charges did apply.
Sken has provided a Section 87B undertaking to the ACCC that it will:
disclose any dealer delivery fees that are payable by consumers to Sken and which are not included in the price of the motor vehicle advertised for sale by Sken;
publish a corrective advertisement; and
update its existing corporate trade practices compliance program
McGloins imported hot water bottles with representations as to compliance with British Standard BS1970:2001.
McGloins has offered an undertaking to ensure its hot water bottles are safe.
Rogue Footwear is incorporated in the state of New South Wales, and carries on the business of importing and distributing footwear sold under the trademark "HUMAN" throughout Australia.
The ACCC was concerned that representations on the HUMAN range of footwear represented that the footwear was "100% WOOL LINING" and further that the lining was "AUSTRALIAN MERINO WOOL" when test results indicated that the lining was made up of 99.5% polyester and 0.5% polypropylene.
Rogue Footwear has provided a Section 87B undertaking to the ACCC that it:
will not supply and sell in Australia any footwear product that is labelled "100% WOOL LINING" and/or "AUSTRALIAN MERINO WOOL" where to the knowledge of Rogue that representation is or may be false; and
will implement a trade practices compliance program
Pegasus Investments & Holdings (Pegasus) trades under the name Coastline Agency and carries on the business of importing and distributing footwear sold under the trademark "HUMAN" throughout Australia.
The HUMAN range of footwear is manufactured in Vietnam for Pegasus by Rogue Footwear Pty Ltd, who have also offered undertakings to the ACCC in relation to this matter.
The ACCC was concerned that representations on the HUMAN range of footwear represented that the footwear was "100% WOOL LINING" and further that the lining was "AUSTRALIAN MERINO WOOL" when test results indicated that the lining was made up of 99.5% polyester and 0.5% polypropylene.
Pegasus has provided a Section 87B undertaking to the ACCC that it:
will not supply and sell in Australia any footwear product that is labelled "100% WOOL LINING" and/or "AUSTRALIAN MERINO WOOL" where to the knowledge of Rogue that representation is or may be false;
will offer consumers who were misled by the conduct a refund equal to the cost of the footwear purchased;
will publish a corrective notice; and
will implement a trade practices compliance program
The ACCC has accepted court-enforceable undertakings from Collection House Limited and Lion Finance Pty Ltd. The undertakings address the ACCC's concerns regarding the collection of statute extinguished debt in NSW during 2001 to 2004
Withdrawn 27th March 2006 - Toll undertakes not to waive the condition in clause 16.12(b) of Toll's offer to acquire all the outstanding shares of Patrick Corporation Limited, and not to acquire any legal or equitable interest in any shares in the capital of Patrick, to acquire any business of capital assets of Patrick before the close of Toll's Offer or to seek to have any person appointed as a director of Patrick before the close of Toll's Offer.
TriMas Corporation Pty Ltd (TriMas), through its division, Cequent, supplied Tarp Straps which did not contain the mandatory warning label as required by the Trade Practices (Consumer Product Safety Standards) Amendment Regulations 2004 (No.
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