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Flight Centre Ltd has provided a section 87B undertaking to the ACCC in relation to its Lowest Airfares Guaranteed slogan and its Global Buying Power representations, without admissions.
Flight Centre has undertaken to:
cease using its ‘Lowest Airfares Guaranteed’ slogan for five years;
cease using the ‘Global Buying Power’ representation in the future without giving prior notice to the ACCC;
publish a total of 44 corrective notices in 11 major newspapers; and
display A3 sized corrective notices in the front window of each of its retail outlets continuously for four weeks.
You Can Bake It Franchising Pty Ltd (the company) is incorporated in Western Australia and carries on a business in Australia as a franchisor owning and operating retail stores supplying branded bread mixtures and associated home baking products.
In November 2004 Fonterra lodged a submission in support of its request for an informal clearance by the ACCC of its takeover offer of National Foods Limited.
The ACCC identified a number of competition concerns associated with the proposal.
Fonterra proffered an undertaking that certain arrangements are entered into with an Approved purchaser.
Those arrangements include:
the sale of the “Brownes” brand;
the sale of elements of the distribution system in Western Australia as is required by the Approved Purchaser to service the sale of “Brownes” milk products;
providing for toll manufacturing or the sale of either the Balcatta or Bentley processing plant in Western Australia;
using its best endeavours to transfer a private label contract with a Major Supermarket to the Approved Purchaser; and
using its best endeavours to transfer a number of existing raw milk contracts with Western Australian dairy farmers to the Approved Purchaser.