s.87B undertakings register

Recent s.87B undertakings

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Nero Bathrooms International Pty Ltd (Nero) after Nero admitted it was likely to have engaged in resale price maintenance in contravention of section 48 of the Competition and Consumer Act 2010 (Cth) (CCA).
The ACCC accepted a court enforceable undertaking (the Undertaking) from Australian Payments Plus Ltd (AP+) pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with AP+’s proposed acquisition of shares in BPAY Group Holding Pty Ltd (BPAY HoldCo), eftpos Payments Australia Limited (eftpos) and New Payments Platform Australia Limited (NPPA) (the Proposed Amalgamation).

Mosaic Brands Limited

26 May 2021
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Mosaic Brands Limited (Mosaic Brands) in relation to representations concerning Health Essentials Products that likely contravened sections 18, 29(1)(a), 29(1)(g), and 29(1)(m) of the Australian Consumer Law (ACL). Mosaic Brands owns the specialty fashion brands Katies, Noni B, Rockmans, Rivers, BeMe, Crossroads, Millers, W.Lane and Autograph. Mosaic Brands has admitted that at various dates between March 2020 and July 2020, Mosaic Brands engaged in misleading or deceptive and made false or misleading representations in breach of sections 18 and 29 of the ACL.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Tasmanian Ports Corporation Pty Limited (TasPorts) for the purposes of section 87B of the Competition and Consumer Act 2010 (Cth) (Undertaking).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Visa AP (Australia) Pty Limited and Visa Worldwide Pte Limited (together Visa) in relation to concerns that Visa may have limited competition in relation to debit card acceptance through its dealings with large merchants.

1st Energy Pty Ltd

18 December 2020
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from electricity retailer 1st Energy Pty Ltd (1st Energy) for making representations to consumers in unsolicited telemarketing calls that likely breached the Australian Consumer Law (ACL).
On 8 October 2019, the Australian Competition and Consumer Commission (ACCC) 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).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking Toyota Motor Corporation Australia Limited (Toyota Australia) to review and improve its compliance processes in relation to the Australian Consumer Law consumer guarantees.  
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from, and instituted proceedings on 26 November 2020 against, Telstra Corporation Ltd (Telstra) concerning allegations of unconscionable conduct involving the sale of post-paid mobile products to Indigenous Australian consumers in the Northern Territory, Western Australia and South Australia.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Tyco Australia Group Pty Ltd, trading as ADT Security (ADT) following concerns raised by the ACCC.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Back In Motion Physiotherapy Pty Ltd (Back In Motion), in relation to certain terms in its standard form franchise agreement that may be unfair within the meaning of section 24 of the Australian Consumer Law (ACL). Back In Motion is a franchisor with a network of franchisees who provide physiotherapy and related services in Australia and New Zealand.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Chrisco Hampers Australia Limited (Chrisco) in relation to sections 18, 23, 24, and 29(1)(d) of the Australian Consumer Law.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Medibank Private Limited (Medibank) in relation to contraventions of sections 18 and 29(1)(m) of the Australian Consumer Law.

Himanshu Bist

9 July 2020
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Himanshu Bist, Director of Get Gizmo Pty Ltd (Get Gizmo), in relation to contraventions of the unsolicited consumer agreement provisions of the Australian Consumer Law.
On 9 July 2020, the ACCC announced it had accepted an undertaking (the Undertaking) from Elanco Animal Health Incorporated and its subsidiary Elanco Australasia Pty Ltd pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Elanco Animal Health Incorporated’s proposal to acquire Bayer AG’s animal health business (the Proposed Acquisition).

Lime Network Pty Ltd

16 June 2020
Lime Network Pty Ltd (Lime) has provided the ACCC with a court enforceable section 87B undertaking to address the ACCC’s concerns about misrepresentations as to the safety of Lime e-scooters in Australia, and Lime’s product safety reporting obligations under the ACL.

NBN Co Limited

2 June 2020
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 sending disconnection communications to consumers on the TransACT VDSL2 Network in the Australian Capital Territory (ACT). Those communications described the upcoming availability of NBN services and advised that recipients’ existing phone and internet services would likely be disconnected and that they were likely to need to acquire NBN services to continue to have phone and internet services. This was false because in the ACT the TransACT VDSL2 Network will continue to operate alongside and in competition with the NBN.
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.