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On 20 December 2018, the ACCC announced it had accepted an undertaking (the Undertaking) from Thales pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Thales’ proposal to acquire all issued and outstanding ordinary shares of Gemalto by way of a full public offer subject to the terms and conditions of a merger agreement between Thales and Gemalto (the Proposed Acquisition). The Proposed Acquisition will result in Gemalto becoming a subsidiary of Thales.
On 14 December 2018, the Australian Competition and Consumer Commission (ACCC) accepted a section 87B undertaking from Tigerair Australia Pty Ltd (Tigerair Australia). On 28 October 2020, Virgin Australia Group advised that it had discontinued the Tigerair Australia brand, and sought the ACCC’s consent to the withdrawal of the undertaking pursuant to s.87B(2) of the Act. As Tigerair Australia is no longer operating, the ACCC has provided its consent to withdraw the undertaking in its entirety.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Virgin Australia Airlines Pty Ltd (Virgin Australia). Virgin Australia provided this Undertaking in response to the ACCC’s concerns that Virgin Australia’s booking platforms may have created an overall impression that risked misleading consumers about the nature and potential application of their consumer guarantee rights, including about the remedies that consumers may be entitled to in the event of flight delays or cancellations.

Jetstar Airways Pty Ltd

14 December 2018
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Jetstar Airways Pty Ltd (Jetstar). In December 2018, the ACCC also instituted proceedings against Jetstar in the Federal Court of Australia, alleging that Jetstar had made certain false and misleading representations to consumers about the nature and potential application of their consumer guarantee rights, including about the remedies that consumers may be entitled to in the event of flight delays or cancellations.

Qantas Airways Limited

14 December 2018
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Qantas Airways Limited (Qantas). Qantas provided this Undertaking in response to the ACCC’s concerns that Qantas’ Booking Platforms may have created an overall impression that risked misleading consumers about the nature and potential application of their consumer guarantee rights, including about the remedies that consumers may be entitled to in the event of flight delays or cancellations.

Wiggle Limited - Section 87B

11 December 2018
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Wiggle Limited (Wiggle) in relation to misleading representations about consumers’ statutory rights under the Australian Consumer Law (ACL) that were likely to contravene sections 18 and 29(1)(m).
On 18 September 2018, the Australian Competition and Consumer Commission issued its determination relating to an access dispute between Port of Newcastle Operations and Glencore Coal Assets Australia. This access dispute concerned access charges and other conditions of access to the ‘declared’ shipping channel service at the Port of Newcastle.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Australian Hearing Services ABN 80 308 797 003 (Australian Hearing) in relation to false and misleading representations, and misleading and deceptive conduct.

Mobile JV Pty Limited

21 September 2018
On 21 September 2018, the Australian Competition and Consumer Commission accepted a court enforceable undertaking from Mobile JV Pty Limited in connection with the proposed merger of TPG Telecom Limited and Vodafone Hutchison Australia Pty Limited and the joint venture between those parties.

NBN Co Limited

11 September 2018
On 11 September 2018, the Australian Competition and Consumer Commission (ACCC) accepted a court enforceable undertaking from NBN Co to make changes to its wholesale service level commitments to support positive consumer experiences on the NBN.