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Narnia Investments Pty Ltd (Narnia) and its sole director, Mr Simon Clarke (Mr Clarke), have provided a s87B Undertaking to the ACCC in conjunction with the settlement of civil court proceedings taken against them by the ACCC.
On 30 April 2009, the ACCC accepted the undertaking of Mr Richard Lim Cherng Yih, a director of Toll Holdings Ltd and/or its related bodies corporate. Under the undertaking Mr Yih agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
Colin Thompson (ABN 27 120 308 204) is a supplier and retailer of a wide range of tobacco products which it retails directly to consumers through his store within the Darwin CBD. As part of his product range, Mr Thompson sold retail tobacco products.
On 22 April 2009, the ACCC accepted the undertaking of Manoj Kumar Patnaik, a director of Toll Holdings Ltd and/or its related bodies corporate. Under the undertaking Manoj Kumar Patnaik agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
Kogan Technologies Pty Ltd (Kogan) is an online retailer of Kogan branded home entertainment products through its website, www.kogan.com.au. In November 2008, Kogan, through its website and an advertisement in the Herald Sun (Melbourne) made representations to the effect that various Kogan products were 'Now only $X (Save Y%)' and consumers could 'Save over $X' on several Kogan products.
During June 2007 to February 2009 M2 Telecommunications represented on its Simply Mobiles website to the effect that: M2 Telecommunications was not required to provide refunds and mobile phone manufacturers were responsible for all warranty claims on mobile phones sold through the Simply Mobiles website.
Coast to Coast Imports Pty Ltd is an importer and wholesaler of consumer products and supplies to retail outlets throughout Australia. In October 2008, as part of marketplace monitoring, ACCC staff purchased a packet of elastic luggage straps (“6 Pce Stretch Cord 12’18’24) from a retail outlet located in Perth.
Natural Products of Australia Pty Ltd (Natural Instinct) is a manufacturer, wholesaler and distributor of a hair and skin care products, and household cleaning products. Natural Instinct has acknowledged that it may have breached sections 52, 53(a), 55 and 65D of the Trade Practices Act 1974 (the Act) in the labelling of some of its products and in brochures distributed by Natural Instinct.
Coca-Cola South Pacific Pty Ltd is responsible for marketing and technical services for Coca-Cola products within Australia. The company is ultimately owned by The Coca-Cola Company. During October 2008, Coca-Cola South Pacific caused to be published an advertisement entitled, “Kerry Armstrong on Motherhood & Myth-Busting”.