The ACCC raised concerns with Hutchison in relation to two separate mobile phone deals.
The first matter related to the variation of the $99 Talk Cap and Free 10 offer by Hutchison, and the second matter related to advertising and promotion of a handset upgrade offer.
The ACCC has expressed the view that publishing a price of an airfare that does not adequately disclose the total price payable by a consumer may contravene sections 52, 53(e) and 53C of the TPA. To assist in establishing new industry-wide standards for the advertising of airfares Virgin Blue offered this undertaking to the ACCC.
Love N Care Pty Ltd (the Company) has supplied baby walkers, described as 'Construction' and 'Police' (the baby walkers) that do not comply with the mandatory product safety standard for baby walkers as they were not labelled with the appropriate warning instructions.
Prior to January 2004, Leon Enterprises Pty Ltd trading as Envirotechnics Pest Management (Envirotechnics) made a number representations in various documents to homeowners concerning its termite barrier system installed in new homes and the warranty provided by Envirotechnics in relation to that system.
The undertaking has two main elements:
the divestiture of a number of childcare centres in regional New South Wales, Victoria, Queensland and Western Australia, and
ABC not acquiring any further childcare centre licences in certain regional areas in New South Wales, Victoria and Queensland for a limited period
In June 2002 Qantas provided a section 87B undertaking to the Commission requiring the company to advertise the price of their airfares on an “All Inclusive Basis”.
A variation to this undertaking has been accepted by the Commission as recent Court decisions have made it clear that “All Inclusive Pricing” is not required under the Act.
In 2003 Harris Scarfe advertised sales promotions in its regular catalogues and made claims particularly relating to “SAVE $X” and “AFTER THE SALE $X”.
In the case of some items an erroneous formula was used to calculate the alleged saving, and in others the item did not revert to a higher price as claimed, thereby exaggerating the nature of the saving during the sale period.
Epic Energy (WA) Transmission Pty Ltd (EEWAT) offered this s87B undertaking in connection with the sale of the Dampier to Bunbury natural gas pipeline (DBNGP) to a consortium comprised of Alinta Limited, Alcoa of Australia Limited and Diversified Utility and Energy Trusts No 1 and No 2.
Jayco Corporation Pty Ltd has provided a section 87B undertaking to the ACCC in respect of caravan jacks, supplied both with new Jayco Caravans and as an after market item, that did not comply with the mandatory safety standard.