s.87B undertakings register

Recent s.87B undertakings

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Electronics Boutique Australia Pty Limited (trading as EB Games) in relation to conduct that was likely to have misled certain Australian consumers who purchased the Fallout 76 game from their stores or website about their rights under the Australian Consumer Law (ACL), in contravention of sections 18 and 29(1)(m) of the ACL.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Bob Jane Corporation Pty Ltd (Bob Jane) in relation to concerns that it failed to comply with its obligations under the Franchising Code of Conduct (the Code) relating to end of term and renewal of agreements.

TEG Live Pty Limited

6 April 2020
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from TEG Live Pty Limited (TEG Live) in relation to the promotion of basketball games featuring the USA men’s national basketball team played in Melbourne and Sydney in August 2019 (the Games) that was likely to contravene sections 18, 29 and 34 of the ACL.
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.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Gumtree AU Pty Ltd (Gumtree). On 14 January 2020, Gumtree lodged an application for merger authorisation pursuant to section 88 of the Competition and Consumer Act 2010 (Cth) in respect of its proposed acquisition of Cox Australia Media Solutions Pty Ltd (Cox). Gumtree undertakes that it will not complete the acquisition of Cox while the application for merger authorisation is being considered by the ACCC.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Outdoor Supacentre Pty Ltd (trading as 4WD Supacentre) in relation to claims about was/now pricing that were likely to contravene section 29(1)(i) of the Australian Consumer Law.

Ivy Contractors Pty Ltd

9 December 2019
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Ivy Contractors Pty Ltd (Ivy Contractors) and its sole director Brent Cameron Callan-Kerkenezov (Kerkenezov).

ANZ Roofing Pty Ltd

9 December 2019
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from ANZ Roofing Pty Ltd (ANZ Roofing) and one of its directors, Mark Lee Burtenshaw (Burtenshaw).
On 14 November 2019, the ACCC accepted an undertaking (the Undertaking) given by Terminals Pty Limited (Terminals) and Hyperion Investments Australia Pty Ltd (Hyperion) pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Terminals’ proposed acquisition of 100% of the shares in GrainCorp Liquid Terminals Australia Pty Ltd (the Proposed Acquisition).

Brookfield/GIC Undertaking

12 November 2019
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Brookfield Infrastructure Group (Australia) Pty Ltd and DJP XX LLC pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in relation to Brookfield’s proposed acquisition of Genesee & Wyoming Inc.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from ZeniMax Media Inc, ZeniMax Europe Limited and ZeniMax Australia Pty Ltd (together, ZeniMax) in relation to misleading representations in relation to the Fallout 76 game about consumers’ statutory rights under the Australian Consumer Law (ACL) that were likely to contravene sections 18 and 29(1)(m).

Bromic Pty Ltd

16 October 2019
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Bromic Pty Ltd (Bromic) in relation to resale price maintenance conduct that contravened section 48 of the Competition and Consumer Act 2010 (CCA).

Target Australia Pty Ltd

15 October 2019
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Target Australia Pty Ltd (Target). The undertaking is in relation to claims that between at least January 2017 and August 2017, Target’s customer service staff told some consumers who complained about faulty Sony PlayStations that they had to contact Sony directly for a remedy and were not entitled to any remedy from Target because the fault had occurred after 30 days from the date of purchase.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Woolworths Group Ltd trading as BIG W (BIG W). The undertaking is in relation to claims that between at least 30 December 2016 and 30 April 2018, BIG W representatives told consumers who complained about faulty Dyson branded products that they must deal directly with Dyson to obtain a remedy if the complaint was made more than 14 days from the date of purchase.

Target Australia Pty Ltd

15 October 2019
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Target Australia Pty Ltd (Target). The undertaking is in relation to claims that between at least January 2017 and August 2017, Target’s customer service staff told some consumers who complained about faulty Sony PlayStations that they had to contact Sony directly for a remedy and were not entitled to any remedy from Target because the fault had occurred after 30 days from the date of purchase.

NBN Co Limited

8 October 2019
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from NBN Co Limited (NBN Co) in relation to its conduct in supplying wholesale business grade services and related activities. The ACCC is satisfied that NBN Co has engaged in conduct that contravened its non-discrimination obligations under 152AXD of the Competition and Consumer Act 2010 (Cth) (CCA).

BVivid Pty Ltd

9 September 2019
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).