Undertaking date

Undertaking type

s.87B undertaking

Section

Section 87B of the Competition and Consumer Act 2010 (Cth)(CCA)

Company or individual details

  • Name

    LG Energy Solution Ltd (LGES Korea) and LG Energy Solution Australia Pty Ltd (LGES Australia) (together LGES)

    ACN

    622 029 047

Undertaking

On 17 May 2024, the Australian Competition and Consumer Commission (ACCC) accepted a court enforceable undertaking (Undertaking) from LG Energy Solution Ltd (Korean Corporation Number 110111-7701356) and LG Energy Solution Australia Pty Ltd ACN 622 029 047 (together LGES) in relation to LG home energy storage system batteries which have a manufacturing defect and can catch fire (Affected Batteries).

At the time the Undertaking was accepted, the Affected Batteries were also subject to the following voluntary recalls in Australia:

  • PRA 2020/18529 notified by LGESAU in August 2020 and PRA 2022/19420 notified by SolaX Power Aus Pty Ltd (SolaX) in March 2022 (collectively the Initial Voluntary Recall); and
  • PRA 2022/19550 notified by LGESAU in August 2022 (the Software Fix Recall).

Together the Initial Voluntary Recall and the Software Fix Recall (the Voluntary Recalls) include Affected Batteries with cells produced between 21 January 2016 and 30 June 2019 and involve around 18,000 Affected Batteries.

The Undertaking followed a Proposed Recall Notice (Proposed Notice) which the Assistant Treasurer issued On 5 February 2024 in respect of the Affected Batteries. A proposed notice is issued before the Assistant Treasurer issues a compulsory recall. Given the commitments LGES gave in the Undertaking the Assistant Treasurer decided, based the ACCC’s recommendation, not to issue a compulsory recall in respect of the Affected Batteries.

The Undertaking requires LGES to undertake a range of actions to safely remedy the Affected Batteries and effectively communicate the recalls.

The undertaking will be in effect for 10 years from signature date.

Variation to the Undertaking

On 24 November 2025, the ACCC accepted a variation to the section 87B Undertaking provided to the ACCC by LGES.

The purpose of this variation to the Undertaking is to:

  • provide affected consumers with expedited access to replacement or refund remedies for all Affected Batteries
  • provide for the implementation of an optimised communications campaign to locate recalled batteries
  • reduce the administrative burden associated with the Undertaking
  • improve the accuracy and readability of the Undertaking.