On 8 October 2019, the ACCC issued a formal warning to NBN Co under subsection 103(4) of the Telecommunications Act 1997 (Cth) in relation to a contravention of the service provider rule set out in subsection 152BA(2) of the Competition and Consumer Act 2010 (Cth) (CCA). The ACCC is satisfied that NBN Co contravened the service provider rule by failing to comply with the non-discrimination obligations in section 152AXD of the CCA when building fibre infrastructure and other related activities to supply wholesale business grade NBN services.
On 22 August 2019, the ACCC announced it had accepted an undertaking (the Undertaking) given by Nutrien Ltd and its subsidiary Agrium SP Holdings Pty Limited pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Nurtrien's proposal to acquire (through it's Australian business Landmark) all issued shares of Ruralco Holdings Limited (the Proposed Acquisition).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Saipol Technologies Pty Ltd (ACN 159 655 651) (Saipol) in relation to claims it has made about its ‘C grade’ replacement water filter cartridges. The ACCC considers that the claims were likely to be false, misleading or deceptive in contravention of sections 18 and 29(1)(a) of the Australian Consumer Law (ACL). Saipol carries on a business in Australia as an importer, seller and specialist manufacturer of replacement water filtration products, including water filter cartridges. It mainly markets to other businesses including hospitals and universities.
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.
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.