On 1 April 2020, the ACCC announced it had accepted an undertaking (the Asahi Undertaking) given by Asahi Group Holdings, Ltd. and its subsidiary Asahi Holdings (Australia) Pty Ltd pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Asahi’s proposal to acquire all issued shares of ABI Australia Holding Pty Ltd (ABIH) (the Proposed Acquisition). ABIH is owned by Anheuser-Busch Inbev SANV (ABI). Through ABIH, ABI operates Carlton United Breweries (CUB).
To support the Asahi Undertaking, the ACCC also accepted an undertaking from ABI to address the ACCC’s concerns that ABI may not provide its consent to the transfer of the rights and obligations to an Approved Purchaser that are otherwise held by Asahi in relation to the Divestiture Businesses (the ABI Undertaking).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from 1300 Australia Pty Ltd (1300 Australia) in relation to possible unfair contract terms in standard form agreements used with small business customers. 1300 Australia supplies “phonewords” which are telephone numbers that also spell words on a keypad.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Mercedes-Benz Australia/Pacific Pty Ltd (Mercedes-Benz) in relation to conduct that was likely to contravene section 127 of the ACL.