Nissan Motor Co (Australia) Pty Ltd - s.87B undertaking

Company or individual details

  • Nissan Motor Co (Australia) Pty Ltd
    004 663 156

Undertaking

Nissan Motor Co (Australia) Pty Ltd is a seller and distributor of motor vehicles and spare parts, and uses television and print advertising to promote its vehicles in Australia. 

In response to an ACCC investigation into the publication of an advertisement for the Nissan DUALIS vehicle, Nissan admitted that it:

- engaged in conduct that was misleading or deceptive or was likely to mislead or deceive in contravention of section 18 of the Australian Consumer Law (ACL); and
- made a false or misleading representation with respect to the price of goods in contravention of section 29(1)(i) of the ACL.

To address the ACCC's concerns, Nissan has provided the ACCC with a court-enforceable undertaking that it will:

- not engage in conduct in contravention of sections 18 or 29(1)(i) of the ACL in relation to all future television advertisements for Nissan vehicles;

- publish a corrective notice in The Australian newspaper within fourteen (14) days of the undertaking coming into effect; and

- appoint an independent compliance professional to undertake a review of Nissan's procedures as they relate to the application of sections 18 and 29(1)(i) of the ACL in relation to Nissan's advertising and promotional strategies.

Nissan has also paid $19,800 in respect of three Infringement Notices issued under section 134A(1) of the Competition and Consumer Act 2010.

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