18 results, showing 1 to 18
Between April 2007 and April 2008 Dirt Works Australia Pty Limited, a wholesaler of bicycles, supplied to retailers 115 Surly Steamroller bicycles which did not have a back brake and also, in some instances, did not have reflectors and a bell, as required by the mandatory standard for pedal bicycles.
Dirt Works also supplied those bicycles and a further 190 Surly Steamroller bicycles between May 2008 and June 2009 with a manual which did not comply with the mandatory standard and in packaging which did not have printed on it certain information and a warning regarding their assembly as required by the mandatory standard.
Dirt Works acknowledges that by engaging in the above-mentioned conduct it contravened section 65C of the Trade Practices Act 1974.
In response to concerns raised with it by the ACCC regarding its conduct, Dirt Works wrote to its retail customers to whom it supplied the bicycles advising them of the failure of the bicycles to comply with the mandatory standard and requesting that they cease supplying any unsold stock of them until they complied with the mandatory standard.
Dirt Works has provided court enforceable undertakings not to supply any bicycles that the mandatory standard applies to unless they comply with that standard and to implement a Trade Practices Compliance Program.
Dirt Works has also provided court enforceable undertakings which are designed to ensure that consumers who purchased the bicycles:
are made aware that their bicycles failed to comply with the mandatory standard;
are given the opportunity to have their bicycles fitted with a back brake, reflectors and a bell free of charge if they were not supplied with any of those items when they purchased their bicycles; and
are supplied with a manual which complies with the mandatory standard.
The Australian Competition and Consumer Commission has accepted court enforceable undertakings from Australian Loans Management Pty Ltd (ALM) and Active Money (Aust) Pty Ltd (AM).
ALM promoted and sold “licence agreements” for a finance broking business called “Active Money”. ALM stated that these licence agreements were not franchising agreements.
ALM also failed to comply with the Franchising Code of Conduct (the Franchising Code) when entering into existing franchise agreements and when dealing with prospective franchisees.
ALM has admitted that its licence agreement is a franchise agreement and that it did not comply with the Franchising Code.
It also admitted it misled franchisees by stating that the licence agreement was not a franchise agreement which potentially misled franchisees into believing that they were not entitled to the rights and remedies afforded by the Franchising Code.
ALM and AM have undertaken to implement measures to ensure future compliance with the Franchising Code, to provide existing franchisees with a copy of the Franchising Code, a disclosure document and a proposed franchise agreement that complies with the Franchising Code.
ALM and AM will also provide existing franchisees with the opportunity to cancel their existing licence agreement and obtain a full refund of all monies paid to ALM.
Although AM did not engage in the admitted contravening conduct, it also offered an undertaking to the ACCC because ALM advised that going forward it intends for AM to be the franchisor.
On 30 September 2009 the ACCC accepted the undertaking of Pfizer Inc and Pfizer Australia Pty Ltd in relation to the ACCC's decision not to oppose Pfizer Inc's proposed acquisition of Wyeth Corp.
Between about August 2007 and at least 14 May 2009, Calcorp (Australia) Pty Ltd represented via the product’s labelling and in its dealings with its customer Coles that a batch of 500ml units of edible labelled “Paese Mio Organic Extra Virgin Olive Oil” (Paese Mio) was extra virgin olive oil (Extra Virgin Olive Oil Representation).
The ACCC considers that Calcorp has engaged in false, misleading and deceptive conduct by making the Extra Virgin Olive Oil Representation because the product was not, in fact, extra virgin olive oil.
Calcorp admits that, by making the Extra Virgin Olive Oil Representation, it made representations about Paese Mio that were false, misleading and deceptive in contravention of sections 52 and 53(a) of the Trade Practices Act 1974 (TPA).
Calcorp’s manager, Mr Antonio Dattilo, admits he was knowingly concerned in, or party to, the making of the Extra Virgin Olive Oil Representation because he authorised the Extra Virgin Olive Oil Representation and given his knowledge of Calcorp’s products.
Calcorp has provided court enforceable undertakings to the ACCC that, for a period of three years, it will:
not represent that a cooking oil is “extra virgin olive oil”, “virgin olive oil” or “olive oil” when it is not;
prior to supplying a batch of edible oil in Australia labelled “olive oil”, “virgin olive oil” or “extra virgin olive oil –
require the producer or its supplier of the edible oil to provide a certificate of analysis, or equivalent document, demonstrating compliance of a sample from the applicable batch with the International Olive Council’s (IOC) Trade Standard Applying to Olive Oils and Olive-Pomace Oils (IOC Standard) or other equivalent or recognised standard; and
commission a NATA or IOC accredited laboratory within Australia to test a sample from the applicable batch against the IOC Standard or other equivalent or recognised standard; and
implement a Trade Practices Compliance Program.
Mr Dattilo has undertaken to the ACCC that, for a period of three years, he will:
not engage in conduct that constitutes -
a contravention of section 52 and/or 53(a) of the TPA; or
being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision;
require documentation from his suppliers demonstrating compliance with the IOC Standard and commission a further test by a NATA or IOC accreand implementdited laboratory prior to supplying edible oil; and
attend practical trade practices training.
Between about March 2007 and at least March 2009, Basfoods (Aust) Pty Ltd represented via the product’s labelling and in its dealings with its customers – who were mostly delicatessens, small food retailers and restaurants – that edible oil labelled “Aigeon Oil 100% Extra Virgin Olive Oil” (Aigeon) was extra virgin olive oil (Extra Virgin Olive Oil Representation).
The ACCC considers that Basfoods has engaged in false, misleading and deceptive conduct by making the Extra Virgin Olive Oil Representation because the product was not, in fact, extra virgin olive oil.
Basfoods admits that, by making the Extra Virgin Olive Oil Representation, it made representations about Aigeon that were false, misleading and deceptive in contravention of sections 52 and 53(a) of the Trade Practices Act 1974.
Basfoods has provided court enforceable undertakings to the ACCC that, for a period of three years, it will:
not represent that a cooking oil is “extra virgin olive oil”, “virgin olive oil” or “olive oil” when it is not;
prior to supplying a batch of edible oil in Australia labelled “olive oil”, “virgin olive oil” or “extra virgin olive oil –
require the producer or its supplier of the edible oil to provide a certificate of analysis, or equivalent document, demonstrating compliance of a sample from the applicable batch with the International Olive Council’s (IOC) Trade Standard Applying to Olive Oils and Olive-Pomace Oils (IOC Standard) or other equivalent or recognised standard; and
commission a NATA or IOC accredited laboratory within Australia to test a sample from the applicable batch against the IOC Standard or other equivalent or recognised standard;
send a letter to each person Basfoods supplied Aigeon to between March 2007 and April 2009 informing them of Basfoods’ conduct; and
implement a Trade Practices Compliance Program.
On 21 September 2009, the ACCC accepted the undertaking of Dr Robert Edgar, a director of Asciano Ltd and/or its related bodies corporate.
Under the undertaking Dr Edgar agrees to remain an 'Independent Asciano Person'.
A person is not an Independent Asciano Person if, amongst other things, he or she, or his or her relative, has an interest in Toll Holdings Ltd (including shares), is employed by Toll, or has, in the past five years, been a director of or adviser to Toll.
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 was 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.
Undertakings have been provided to the ACCC by The Australian Bush Hat Co Pty Ltd (ABHC) in relation to misleading claims made about its hats.
From 2006 to 2009 ABHC represented, on swing tags and labels attached to the hats, that the Premium Selection and Stateman models were Manufactured in Australia when, in fact, that was not the case.
The hats were substantially manufactured in India then imported into Australia where they were finished by adding various trimmings including a decorative band and chin cord.
ABHC admits that by making the representations it has contravened sections 52 and 53(eb) of the Trade Practices Act 1974.
The ACCC has accepted court enforceable undertakings from ABHC including that it will not engage in similar conduct in the future, that it will publish a corrective notice in the West Australian newspaper and establish and implement a Trade Practices Compliance Program.
Netdeen Pty Ltd is the Franchisor of the G.J. Gardner Homes franchise in Australia and overseas. G.J.
On 21 September 2009, the ACCC accepted the undertaking of Mr Geoffrey Kleeman, a director of Asciano Ltd and/or its related bodies corporate.
Under the undertaking Mr Kleeman agrees to remain an 'Independent Asciano Person'.
On 21 September 2009, the ACCC accepted the undertaking of Mr Malcolm Broomhead, a director of Asciano Ltd and/or its related bodies corporate.
Under the undertaking Mr Broomhead agrees to remain an 'Independent Asciano Person'.
Undertakings have been provided to the ACCC by hypnotherapists Angelo and Susan Sette trading as Stop Smoking in One Hour, concerning misleading representations as to the success rate of their smoking cessation treatments.
During 2008, the Settes claimed in their pamphlets and on their website that 100% of smokers successfully give up smoking after a maximum of four treatment sessions.
The Settes admitted that they could not substantiate these claims and acknowledge that the conduct may have contravened sections 52 and 53(c) of the Trade Practices Act 1974.
The ACCC has accepted court enforceable undertakings from The Settes that they will not engage in similar conduct in the future and will attend a Trade Practices Compliance Seminar.
If consumers attended four hypnotherapy sessions conducted by the Settes and did not successfully stop smoking then they can contact the Settes on (03) 9471 9898 to obtain a refund of the cost of their hypnotherapy sessions.
A corrective notice will be published on their website and in The Australian newspaper.
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 could have the purpose and/or effect of substantially lessening competition in a market. Coles is a party to a number of the lease agreement which was the subject of an ACCC investigation.
In particular, the ACCC is 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 in retail grocery markets.
To address the ACCC’s concerns, Coles has provided 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 could have the purpose and/or effect of substantially lessening competition in a market. Woolworths is a party to a number of the lease agreement which was the subject of an ACCC investigation.
In particular, the ACCC is 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 in retail grocery markets.
To address the ACCC’s concerns, Woolworths has provided an Undertaking pursuant to section 87B of the TPA.
Green Tree Corporation Pty Ltd trading as Adventure Travel Bugs is a retail travel agency that provides travel services to backpacker and budget travellers.
Between 25 May 2009 and 31 August 2009, Adventure Travel Bugs caused advertisements for tour packages to be published in TNT Down Under magazines.
These advertisements specified the single (total) price for the package to be $448, but the single (total) price was smaller and less prominent than the component price of $299.
Adventure Travel Bugs acknowledges that it breached section 53C of the Act by failing to properly specify the single (total) price in a way that was at least as prominent as the most prominent component price advertised.
Adventure Travel Bugs has ceased the conduct of concern and has offered the ACCC an undertaking under section 87B of the Act that it will:
will ensure that all advertising and promotional material complies with the Act, in particular section 53C, for three years
publish various corrective notices in backpacker magazines, in stores and on its website; and
implement a trade practices compliance program.
Peter Pan’s Adventure Travel Pty Ltd (Peter Pan’s) is a retail travel agency that provides travel services to backpacker and budget travellers.
Between at least 25 May 2009 and 31 August 2009, Peter Pan’s caused advertisements for tour packages to be published in various backpacker magazines, on its website and on promotional flyers and signs that did not correctly reflect the full total price of the packages or properly state a single (total) price for the packages.
Peter Pan’s acknowledges that the publication, distribution and display of certain promotional material breached sections 52 and 53(e) of the Trade Practices Act 1974 (the Act) because:
the material failed to adequately disclose or make clear to consumers that costs were payable in addition to the advertised price; and
some flyers falsely advertised “Free” offers , when customers were required to pay additional costs to take up the offers.
The ACCC and other regulator and consumer protection agencies receive a significant number of complaints every year relating to the advertising and promotional practices of the telecommunications industry.
Wicked Travel Pty Ltd (Wicked Travel) is a retail travel agency that provides travel services to backpacker and budget travellers.
Between at least 25 May 2009 and 18 August 2009, Wicked Travel caused advertisements for tour packages to be published in various backpacker magazines, on its website and on promotional flyers and signs that did not correctly reflect the full total price of the packages or properly state a single (total) price for the packages.
Wicked Travel acknowledges that certain advertisements were misleading or deceptive and breached sections 52 and 53(e) of the Trade Practices Act 1974 (the Act) because:
Wicked Travel did not disclose or make it clear that additional mandatory fees of $130 were payable on top of the advertised price of $299; and
the advertised price of $299 did not reflect the true total price of the package.
Wicked Travel also acknowledges that its advertisements breached section 53C of the Act because the advertisements did not:
specify a single (total) price for the tour package that included all additional mandatory charges quantifiable at the time; or
properly specify the single (total) price in a way that was at least as prominent as the most prominent component price advertised.
Wicked Travel has ceased the conduct of concern and has offered the ACCC an undertaking under section 87B of the Act that it will:
not make any misleading price representations for a period of three years;
publish various corrective notices in backpacker magazines, in stores and on its website; and
implement a trade practices compliance program.
Image Blinds Pty Ltd (Image Blinds) sells made to measure blinds and awnings in South-East Queensland.
Between November 2007 and March 2009 Image Blinds conducted an advertising campaign in the Sunday Mail newspaper where it advertised certain products at discounts of “30% off”. From about July 2008 until March 2009, Image Blinds advertised discounts of “30% off” all its products.
While Image Blinds regularly changed the name of the sale (for example from ‘Christmas Sale’ to ‘Summer Sale’ to ‘Winter Sale’) throughout the Advertising Campaign, the purported discount remained the same and did not represent any special savings.
Image Blinds admits that:
The savings represented in the campaign were determined by reference to its own internal recommended retail prices, rather than the lower prices at which the products were generally sold.
The “30% off” discounts offered during the campaign did not accurately reflect actual savings available on the advertised products.
Image Blinds accepts that by engaging in this conduct it breached sections 52 and 53(e) of the Trade Practices Act 1974 (the Act).
Image Blinds has ceased the conduct of concern and has offered the ACCC an undertaking under section 87B of the Act that it will:
not make any misleading price representations for a period of three years;
publish corrective notices on its website, in its retail store and in the Sunday Mail newspaper;
publish an information notice in a relevant industry magazine; and
implement and maintain a Trade Practices Compliance program for a period of three years.
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