The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Big Warehouse Pty Ltd (Big Warehouse) in relation to claims about the availability of spare parts for electrical appliances manufactured by third parties (Spare Parts), the suitability of Spare Parts and consumers’ rights to a full refund or replacement.
On 25 July 2019, the ACCC announced it had accepted an undertaking (the Undertaking) from AP Eagers pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with AP Eagers proposal to acquire all of the ordinary shares in Automotive Holdings Group Limited (AHG) that it does not already own (the Proposed Acquisition). The Proposed Acquisition was granted authorisation by the ACCC subject to a condition that AP Eagers divest its new car retailing business in the Newcastle / Hunter Valley region to an ACCC approved purchaser.
Vodafone Hutchison Australia Pty Limited ACN 096 304 620 (Vodafone) has offered and the Australian Competition and Consumer Commission (pursuant to a delegation from the Australian Securities and Investments Commission (ASIC)) has accepted a court enforceable undertaking in relation to its third party billing service known as “Direct Carrier Billing” (DCB).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Dodo Services Pty Ltd (Dodo) in relation to claims about its retail broadband plans supplied over the National Broadband Network (NBN) being ‘perfect for streaming’ that were likely to contravene sections 18, 29(1)(b), 29(1)(g) and 34 of the Australian Consumer Law (ACL). Dodo is a supplier of retail fixed-line broadband plans to consumers supplied over the NBN, in addition to other services.
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.
On 6 December 2013 ACCC accepted a section 87B Undertaking from Coles Group Limited (ACN 004 089 936) (Coles Group), Coles Supermarkets Australia Pty Ltd (ACN 004 189 708) (Coles Supermarkets), and Eureka Operations Pty Ltd (ACN 104 811 216) (Eureka) (together Coles).
On 28 March 2019, the ACCC accepted an undertaking from Gebr. Knauf KG, Knauf Gypsum (Australia) Pty Ltd, Knauf Insulation Pty Ltd, and KnaufAMF Australia Pty Ltd pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Gebr. Knauf KG's proposed acquisitions of USG Corporation and Armstrong World Industries Pty Ltd.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Pandora Jewelry Pty Ltd (Pandora) in relation to claims that:
1. Pandora staff made statements to consumers to the effect that Pandora does not provide refunds and Pandora’s Warranty Against Defects overrides the Australian Consumer Law (ACL) consumer guarantees provisions; and
2. Pandora’s online store website failed to adequately inform consumers as to their rights as required by section 102 of the ACL and regulation 90 of the Competition and Consumer Regulations 2010 (Cth) (CCR).