Browse public registers

Vanderfield Pty Ltd (Vanderfield) is a retailer of motor vehicles and farming equipment, including Hino brand trucks, located in Toowoomba and the Gold Coast. Sci-Fleet Motors Pty Ltd (Sci-Fleet) is a retailer of motor vehicles, including Hino brand trucks, located in Brisbane. Following an investigation, the ACCC has reached the view that Vanderfield contravened section 45 of the Trade Practices Act 1974 by making and giving effect to arrangements with Sci-Fleet, a competitor, that: had the purpose of preventing or limiting the supply of Hino trucks by the parties to a particular class of persons, and had the purpose or a substantial purpose of, or had the effect or was likely to have the effect of providing for the fixing, controlling or maintaining of, the prices for Hino trucks supplied or to be supplied by the parties in the south east Queensland light and medium truck retail market. Vanderfield accepts the ACCC’s concerns in relation to the alleged conduct and is addressing these concerns by: filing a defence admitting the conduct alleged in the ACCC’s statement of claim filed in the Federal Court and making joint submissions with the ACCC as to penalties and other orders; and offering court enforceable undertakings to the ACCC that it will implement and maintain a trade practices compliance program.

Sci-Fleet Motors Pty Ltd (Sci-Fleet) is a retailer of motor vehicles, including Hino brand trucks, located in Brisbane. Vanderfield Pty Ltd (Vanderfield), is a retailer of motor vehicles and farming equipment, including Hino brand trucks, located in Toowoomba and the Gold Coast. Following an investigation, the ACCC has reached the view that Sci-Fleet contravened section 45 of the Trade Practices Act 1974 by making and giving effect to arrangements with Vanderfield, a competitor, that: had the purpose of preventing or limiting the supply of Hino trucks by the parties to a particular class of persons, and had the purpose or a substantial purpose of, or had the effect or was likely to have the effect of providing for the fixing, controlling or maintaining of, the prices for Hino trucks supplied or to be supplied by the parties in the south east Queensland light and medium truck retail market. Sci-Fleet accepts the ACCC’s concerns in relation to the alleged conduct and is addressing these concerns by: filing a defence admitting the conduct alleged in the ACCC’s statement of claim filed in the Federal Court and making joint submissions with the ACCC as to penalties and other orders; and offering court enforceable undertakings to the ACCC that it will implement and maintain a trade practices compliance program.

R King Enterprises Pty Ltd, trading as Mocare (SA) (“Mocare”) is an Adelaide based importer and wholesaler of automotive tools and equipment. In a section 87B undertaking accepted by the ACCC, Mocare has acknowledged that it contravened sections 52, 53(a), 55 and 65C of the Trade Practices Act 1974 by supplying three models of Tool King brand hydraulic trolley jacks with warning labelling that did not comply with the information requirements of a mandatory product safety standard in relation to trolley jacks. From September 2008 the non-compliant products were supplied by Mocare to retailers in four States. Upon being notified by the ACCC that the trolley jacks did not comply with the standard Mocare immediately ceased supplying them to retailers. Under the court enforceable undertaking Mocare has agreed that it will: undertake a product safety recall of the non-complaint products, not supply any products that do not comply with the relevant consumer product safety standards, and implement a Trade Practices Compliance Program.

Second variation On 24 July 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. The variation amends the undertaking to provide flexibility to National Foods and the Approved Purchaser in relation to the purchase and sale of certain assets which are required to be divested by the undertaking.

Gemtime Nominees Pty Ltd (Gemtime) is registered in Western Australia and is a retailer  of consumer products. In October 2008, as part of marketplace monitoring, ACCC staff purchased a packet of elastic luggage straps (“6 Pce Stretch Cord 12’18’24") from a retail outlet operated by Gemtime and located in Perth. The products were imported into Australia by Coast to Coast Imports Pty Ltd.