s.87B undertakings register

Recent s.87B undertakings

Wiggle Limited - Section 87B

11 December 2018
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Wiggle Limited (Wiggle) in relation to misleading representations about consumers’ statutory rights under the Australian Consumer Law (ACL) that were likely to contravene sections 18 and 29(1)(m).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Australian Hearing Services ABN 80 308 797 003 (Australian Hearing) in relation to false and misleading representations, and misleading and deceptive conduct.

Mobile JV Pty Limited

21 September 2018
On 21 September 2018, the Australian Competition and Consumer Commission accepted a court enforceable undertaking from Mobile JV Pty Limited in connection with the proposed merger of TPG Telecom Limited and Vodafone Hutchison Australia Pty Limited and the joint venture between those parties.

NBN Co Limited

11 September 2018
On 11 September 2018, the Australian Competition and Consumer Commission (ACCC) accepted a court enforceable undertaking from NBN Co to make changes to its wholesale service level commitments to support positive consumer experiences on the NBN.
On 12 September 2018, the ACCC announced it had accepted an undertaking (the Undertaking) from CKM Australia Bidco Pty Ltd (the Company), CK Asset Holdings Limited, CK Infrastructure Holdings Limited (CKI) and Power Assets Holdings Limited (the latter three referred to in the Undertaking as the Consortium), pursuant to s87B of the Competition and Consumer Act 2010 (Cth) in connection with the Company and the Consortium's proposed acquisition of the APA Group (the Proposed Acquisition).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Volkswagen Group Australia Pty Ltd (Volkswagen).

Transurban Limited

29 August 2018
On 30 August 2018, the ACCC announced it had accepted an undertaking from Transurban pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Sydney Transport Partners’ proposed acquisition of a majority interest in the WestConnex motorway. The Sydney Transport Partners are made up of Transurban, AustralianSuper, CPPIB and Tawreed. The ACCC also accepted undertakings from AustralianSuper, CPPIB and Tawreed to support the operation of the Transurban undertaking.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Husqvarna Australia Pty Ltd (Husqvarna) in relation to claims that its dealership agreements were likely to contravene section 27 of the Franchising Code of Conduct (FCC), section 51ACB of the Competition and Consumer Act (CCA) and sections 18 and 29(1)(m) of the Australian Consumer Law (ACL).

Apple Pty Ltd

21 June 2018
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Apple Pty Ltd (Apple) in relation to claims about representations that were likely to contravene sections 18 and 29(1)(m) of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Wisdom Properties Group Pty Ltd (Wisdom) in relation to alleged unfair contract terms in its standard Home Building Agreements (Agreement).

Since at least October 2008, Wisdom included in its Agreement certain clauses that allowed it to prevent or control any public statements made by customers about the services provided by Wisdom under the Agreement (Non-disparagement clauses). The Agreement also allowed Wisdom to suspend the customer’s building works if the customer breached the Non-disparagement clauses.

Wisdom has admitted that the Non-disparagement clauses were unfair contract terms within the meaning of sections 23 and 24 of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Fitbit (Australia) Pty Limited (Fitbit) in relation to representations about remedies for faulty products which were likely to contravene sections 18 and 29(1)(m) of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court-enforceable undertaking from Wilson Security Pty Ltd (Wilson Security) in relation to charging customers for internal premise security patrols, which were not provided.

On 27 July 2017 the Australian Competition and Consumer Commission (ACCC) commenced proceedings against Ford Motor Company of Australia Pty Ltd (Ford) in the Federal Court in relation to Ford's response to customer complaints about Fiesta, Focus and EcoSport vehicles fitted with the PowerShift transmission.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from HP PPS Australia Pty Ltd (HP PPS) in relation to the failure to disclose to consumers that certain HP inkjet printers had been installed with technology intended to prevent those printers working with non-HP ink cartridges. HP PPS has admitted that it was likely to have contravened sections 18, 29(1)(g) and 33 of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission has accepted a court enforceable undertaking from Cardtronics Australasia Pty Ltd regarding unfair contract terms in contracts governing Automatic Teller Machines deployed on the premises of small businesses. The relevant contract terms cover automatic contract renewal, unilateral fee increases and first right of refusal when renegotiating contracts. Unfair contract terms can be declared void under section 23 of the Australian Consumer Law.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Primus Telecommunications Pty Limited (iPrimus) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

Dodo Services Pty Ltd

22 March 2018

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Dodo Services Pty Ltd (Dodo) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

M2 Commander Pty Ltd

22 March 2018

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from M2 Commander Pty Ltd (Commander) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Primus Telecommunications Pty Limited (iPrimus) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).