Undertaking date

Undertaking type

s.87B undertaking

Reference number

D00/28491

Section

s. 45

Company or individual details

  • Name

    (i)Geoffrey Colin Clegg (ii)Geoff Clegg Enterprises P/L (formerly Watergear Distributors P/L)

    ACN

    010 182 359

Undertaking

Mr Clegg, and his company Geoff Clegg Enterprises P/L (formerly Watergear Distributors P/L), are respondents in a matter that was instituted by the Commission in the Brisbane Federal Court on 13 July 1999. The proceedings were taken against manufacturers and distributors of fittings and valves for ductile iron cement lined (DICL) and plastic pipes used in water supply, irrigation and sewerage systems.

The proceedings relevant to Clegg involve price-fixing, agreements not to compete in respect of particular customers, and tender rigging.

As part of the resolution of the proceedings, Watergear and Clegg have agreed to consent orders that include Watergear paying a pecuniary penalty of $100,000 within 28 days of the date of the Court order. There is also an injunction restraining Watergear and Clegg from engaging or being involved in similar conduct for a period of three years, and Watergear and Clegg are to pay $10,000 towards the Commission's costs.

Geoff Clegg has undertaken to personally pay any part of Watergear's penalty and costs, should it fail to do so. Clegg has also undertaken to use his best endeavours to operate Watergear in such a manner as to ensure it meets its obligations under the Court orders. The section 87B Undertaking is offered as appropriate implementation of that process.