s.87B undertakings register

Recent s.87B undertakings

On 19 May 2022, the ACCC announced it had accepted an undertaking given by Osmosis Buyer Limited (Osmosis) and its subsidiary Osmosis Holding Australia Pty Ltd pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Osmosis’s proposal to acquire all issued shares of Firewall Holding S.À R.L (Firewall).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from N.A.S.R. Incorporated, trading as Speedway Australia (Speedway Australia) in relation to concerns arising out of an agreement between Speedway Australia and the Sprintcar Control Council of Australia (SCCA) that may have hindered or prevented the ‘VSC Sprintcars’ class of sprintcar racing from competing at speedway racing tracks affiliated with Speedway Australia.

Bowra & O’Dea Pty Ltd

5 January 2022
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Bowra & O’Dea Pty Ltd (Bowra & O’Dea) in relation to representations made about the price of its funeral and/or cremation services that likely contravened section 48(1) of the Australian Consumer Law (ACL), and its use of unfair contract terms within the meaning of section 23 and 24 of the ACL.
On 21 December 2021, the ACCC announced it had accepted three court-enforceable divestiture undertakings given by Veolia Environnement S.A and its subsidiary, Veolia Environmental Services (Australia) Pty Ltd (Veolia) pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Veolia’s proposed acquisition of Suez S.A.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Gerren Pty Ltd trading as ‘Parkside Funerals’ (Parkside Funerals) in relation to representations made about the price of its funeral and/or cremation services that it admits contravened sections 18 and 29(1)(i) of the Australian Consumer Law (ACL), and its use of unfair contract terms within the meaning of section 23 and 24 of the ACL.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Crossfire Motorcycles Pty Limited (Crossfire) in relation to the supply of quad bikes that did not, or did not likely, comply with section 9 of the Consumer Goods (Quad Bikes) Safety Standard 2019 (the Safety Standard) in contravention of section 106 of the Australian Consumer Law (ACL), contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth). 
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from CAMI and iTutor tutoring software suppliers, Compass Matin Pty Ltd [ACN 140 170 038] (Compass Matin) and eduCollect Pty Ltd [ACN 139 749 572] (EduCollect), in relation to Compass Matin and EduCollect’s use of unfair contract terms within the meaning of section 24 of the Australian Consumer Law (ACL) and representations made by Compass Matin to consumers in contravention of sections 18 and 29(1)(g) of the ACL.

AA Machinery Pty Ltd

25 October 2021
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from AA Machinery Pty Ltd (trading as Agrison) and its sole Director, Mr Volkan (Nick) Yokus (Mr Yokus), in relation to representations concerning consumers’ rights under a warranty and the availability of after sales service and spare parts.
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.