103 results, showing 21 to 40
On 17 December 2010, the ACCC accepted the undertaking of Mr Takayuki Tajima a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Tajima agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 17 December 2010, the ACCC accepted an undertaking (the Undertaking) from OneSteel Limited (OneSteel) in relation to the proposed acquisition of Moly-Cop S.a.r.l., including a 40% shareholding in Donhad Pty Ltd (Donhad)(the Proposed Acquisition).
On 16 December 2010 the ACCC accepted an undertaking (the Undertaking) from Aspen Pharmacare Holdings Limited and Aspen Asia Pacific Pty Ltd (together, Aspen) in relation to Aspen's proposed acquisition of Sigma Pharmaceuticals Limited's Pharmaceutical Division.
The Undertaking provides for Aspen to divest all products containing prednisone and prednisolone which are currently marketed and supplied by Sigma under the Sone and Solone brand names respectively and all products containing penicillin V which are currently marketed and supplied by Aspen under the LPV brand name.
The Undertaking aims to maintain competition through the creation of a viable, effective, stand-alone, independent and long term competitor for the supply of each of the divested products.
From at least 1 August 2008 to 29 July 2010 M Webster Holdings Pty Ltd trading as David Lawrence, Jigsaw and Marcs displayed refund policies on receipts and signs which stated the stores would not offer an exchange, refund or credit on sale goods.
In response to the ACCC's concerns M Webster Holdings Pty Ltd have paid penalties in the amount of $19,800 in respect of three Infringement Notices issued by the ACCC under section 87ZE of the Act for contraventions of section 53(g) and offered an undertaking pursuant to section 87B of the Act.
The ACCC has accepted court enforceable undertakings from M Webster Holdings Pty Ltd that it:
will not make false or misleading representations regarding the existence, exclusion or effect of any warranty, right or remedy;
will ensure that all refund statements made by it and each of its stores complies with the Act;
will display corrective notices on its website for at least 28 days;
will send a corrective notice by email to members of each brand's loyalty program; and
will implement a Trade Practices Compliance Program.
Sanitarium is registered as a non-profit organisation based in New South Wales.
On 27 October 2010, the ACCC accepted the undertaking of Mr Srinivas Venkatesh a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Venkatesh agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 27 October 2010, the ACCC accepted the undertaking of Ms Shirley In't Veld, a director of Asciano Limited and/or its related bodies corporate.
Under the undertaking Ms Shirley In't Veld agrees to remain an 'Independent Asciano Person'.
St Vincent's Private Hospital Sydney and its Department of Anaesthesia have provided the ACCC with court enforceable undertakings following an investigation into an alleged anti-competitive arrangement amongst the hospital's private anaesthetists.
From March 2009 to April 2010, Bronze Swan marketed a product called the Enersonic Power Saver, a device which plugs into a standard electricity outlet and which is purportedly designed to reduce the user's electricity consumption.
The attached document is a variation to the undertaking from Calcorp and Mr Antonio Dattilo that was accepted by the ACCC on 28 September 2009.
On 1 October 2010, the ACCC accepted an undertaking (the Undertaking) from 7-Eleven Australia Pty Ltd (7-Eleven) in relation to 7-Eleven's proposed acquisition of the retail assets of Mobil Oil Australia Pty Ltd (Mobil) (the 7-Eleven Proposed Acquisition).
The objective of the Undertaking is to address the ACCC's competition concerns which would otherwise arise as a consequence of the 7-Eleven Proposed Acquisition. The Undertaking aims to maintain competition through:
the creation of a viable, effective, stand-alone independent and long term competitor for the retail supply of petrol, diesel and automotive LPG in each of the markets in which a divestiture business is located; and
ensuring that the ACCC approved purchasers of the divestiture businesses have the necessary assets, rights and obligations to compete effectively in the relevant markets.
At the same time, the ACCC also accepted a similar undertaking from Peregrine Corporation Pty Ltd in relation to its proposed acquisition of Mobil's current South Australian retail assets from 7-Eleven.
On 1 October 2010, the ACCC accepted an undertaking (the Undertaking) from Peregrine Corporation Pty Ltd (Peregrine) in relation to Peregrine's proposed acquisition of the current South Australian retail assets of Mobil Oil Australia Pty Ltd (Mobil) from 7- Eleven Australia Pty Ltd (7-Eleven) (the Peregrine Proposed Acquisition).
The objective of the Undertaking is to address the ACCC's competition concerns which would otherwise arise as a consequence of the Peregrine Proposed Acquisition. The Undertaking aims to maintain competition through:
the creation of a viable, effective, stand-alone independent and long term competitor for the retail supply of petrol, diesel and automotive LPG in each of the markets in which a divestiture business is located; and
ensuring that the ACCC approved purchaser of the divestiture businesses have the necessary assets, rights and obligations to compete effectively in the relevant market.
At the same time, the ACCC also accepted a similar undertaking from 7- Eleven in relation to its proposed acquisition of Mobil's other retail assets.
On 29 September 2010, the Australian Competition and Consumer Commission (ACCC) accepted an undertaking (the Undertaking) from Skandinavisk Holding A/S and Swedish Match A/B in relation to Scandinavian Tobacco Group A/S's proposed acquisition of Swedish Match A/B (the Proposed Acquisition).
The ACCC considered that in the absence of the Undertaking, the Proposed Acquisition would have had the effect or have been likely to have the effect of substantially lessening competition in relation to the market for the wholesale supply of cigars in Australia.
The aim of the Undertaking is to address these competition concerns by:
the creation of a viable, effective, stand-alone independent and long term competitor for the retail supply of those products that form part of the divestiture business;
ensuring that the approved purchaser of the divestiture business by the ACCC (Approved Purchaser) has the necessary assets, rights and obligations to compete effectively with the Parties in the wholesale supply of cigars; and
ensuring the Approved Purchaser has the ability to manufacture and supply the products that form part of the divestiture business independently of the Parties and ensuring that any interim supply, toll manufacturing or technical assistance arrangements with the purchaser will be at arm's length and on terms no less favourable than normal commercial terms.On 9 May 2012 the ACCC consented to the withdrawal of the s87B Undertaking on the basis that the sale of the divestiture business had been completed and any obligations to procure the transfer, grant, or provision of licences, permits, approvals, third party consents and transitional services necessary for the operation of the divestiture business had been fulfilled.
ResMed Asia Pacific Limited (ResMed) has acknowledged that its conduct in:
making it known to accredited partners that it would not supply them unless they agreed not to advertise ResMed products at a price less than the recommended retail price specified by ResMed;
attempting to induce accredited partners not to advertise ResMed products at a price less than the recommended retail price specified;
entering or offering to enter into an agreement with accredited partners which contained a term that the reseller would not advertise ResMed products at a price less than that specified by ResMed;
use, in relation to ResMed products supplied by ResMed to each accredited partner, a statement of price that was likely to be understood by the accredited partner as a statement of ResMed's recommended retail price below which the ResMed products were not to be advertised;
was likely to contravene section 48 of the Trade Practices Act 1974 (the TPA).
ResMed has provided the ACCC with an undertaking under section 87B of the TPA to resolve the concerns. ResMed have undertaken to cease the conduct, write to accredited partners to alert them to the undertaking and to review and amend its existing TPA compliance program.
In 2007 and 2009, LG applied for Energy Label registration for various refrigerator models. LG Australia subsequently marketed these Models with reference to a Projected Annual Energy Consumption (PAEC) of 738kWh/year.
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