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This undertaking varies the undertaking originally given by IGA Distribution Pty Limited and accepted by the ACCC on 2 October 2009.

Avis Australia has given the ACCC an undertaking under section 87B of the Act to resolve its conduct about pricing on its website reservation site. Avis has acknowledged that its conduct was likely to have contravened section 53C of the Act, and it acknowledges the ACCC concerns that its conduct was likely to contravene section 52 of the Act.

The ACCC's inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres. The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements in supermarket leases could have the purpose and/or effect of substantially lessening competition in a market. The ACCC was concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or retail grocery markets. ALDI Foods Pty Ltd is a supermarket operator in Australia.

The ACCC's inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres. The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements in supermarket leases could have the purpose and/or effect of substantially lessening competition in a market. The ACCC was concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or retail grocery markets. Australian United Retailers Limited trading as Foodworks (Foodworks) is a supermarket operator in Australia.

The ACCC's inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres. The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements in supermarket leases could have the purpose and/or effect of substantially lessening competition in a market. The ACCC was concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or retail grocery markets. SPAR Australia Limited is a supermarket operator in Australia.

The ACCC's inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres. The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements in supermarket leases could have the purpose and/or effect of substantially lessening competition in a market. The ACCC was concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or retail grocery markets. Metcash Limited acknowledges the ACCC's concerns in relation to potential anti-competitive effects of restrictive provisions in lease agreements. To address the ACCC's concerns, Metcash has provided the ACCC with an Undertaking pursuant to section 87B of the TPA.

The ACCC's inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres. The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements in supermarket leases could have the purpose and/or effect of substantially lessening competition in a market. The ACCC was concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or retail grocery markets. Franklins Pty Ltd is a supermarket operator in Australia.

On 18 December 2009, the ACCC accepted the undertaking of Toshiaki Ono, a director of Toll Holdings Ltd and/or its related bodies corporate. Under the undertaking Toshiaki Ono agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.  In addition, Toshiaki Ono 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; and new undertakings from the directors of Toll and Asciano. A copy of those documents can be viewed on the ACCC’s website.

On 18 December 2009, the ACCC accepted the undertaking of Masami Ogihara, a director of Toll Holdings Ltd and/or its related bodies corporate. Under the undertaking Masami Ogihara agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.  In addition, Masami Ogihara 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; and new undertakings from the directors of Toll and Asciano. A copy of those documents can be viewed on the ACCC’s website.

On 18 December 2009, the ACCC accepted the undertaking of Satoshi Nishioka, a director of Toll Holdings Ltd and/or its related bodies corporate. Under the undertaking Satoshi Nishioka agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.  In addition, Satoshi Nishioka 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; and new undertakings from the directors of Toll and Asciano. A copy of those documents can be viewed on the ACCC’s website.