Section 87B undertakings register

Recent s.87B undertakings

On 23 December 2022, the ACCC accepted an instrument that varies the section 87B undertaking given to the ACCC by Telstra Corporation Limited and NBN Co Limited and that incorporates Telstra Limited as a new party to the undertaking. The purpose of these changes is to ensure the continued application of the undertaking following changes to Telstra’s corporate structure. These changes to the undertaking took effect from 1 January 2023.

Retail Food Group Ltd

22 December 2022
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking proffered by Retail Food Group Ltd (RFGL) as part of the settlement of the ACCC’s proceedings against RFGL and a number of subsidiaries (RFG).

Endeavour Group Limited

22 December 2022
On 23 December 2022, the ACCC announced it had accepted an undertaking (the Undertaking) given by Endeavour Group Limited (Endeavour) on behalf of itself and its subsidiaries in connection with Endeavour’s proposal to acquire the Beach Hotel in Seaford, South Australia (the Proposed Acquisition). The Undertaking requires that Endeavour divest its BWS Seaford store to an ACCC approved purchaser. Endeavour sought an expedited review and offered the divestiture undertaking which would remove the competitive overlap between the parties in the local retail market for packaged liquor for off-site consumption (the Relevant Market).
On 13 December 2022, the Australian Competition and Consumer Commission (ACCC) accepted a court enforceable undertaking from Fowler Homes Pty Ltd (Fowler Homes) in relation to unfair contract terms in its standard home building contract (the Fowler Homes Contract). The purpose of this Variation to the Undertaking is to update details about the standard home building contract which is specified in the Undertaking and to extend the time for compliance with paragraph 4.3 of the Undertaking and paragraph 1 of Attachment B to the Undertaking (the ACL Compliance Program)

Fowler Homes Pty Ltd

13 December 2022
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Fowler Homes Pty Ltd (Fowler Homes) in relation to unfair contract terms in its standard home building contract (the Fowler Homes Contract).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Lawn Solutions Australia Group Pty Ltd (LSA) under section 87B of the Competition and Consumer Act 2010 (Cth).
The undertakings not to complete have been provided by the applicants – Armaguard and Prosegur – and accepted by the Chair on 7 October 2022.
On 29 September 2022, the ACCC announced it had accepted an undertaking given by Tourism Holdings Rentals Limited and its subsidiary THL Group (Australia) Pty Ltd (together, THL) and Apollo Tourism & Leisure Ltd (Apollo) pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with THL’s proposal to acquire 100% of the shares in Apollo.

Maxgaming Qld Pty Ltd

16 September 2022
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Maxgaming Qld Pty Ltd (Maxgaming), a wholly owned subsidiary of Tabcorp Holdings Limited, a licensed supplier of electronic gaming machine monitoring, gaming and maintenance services.
On 15 September 2022, the ACCC announced it had accepted an undertaking given by Zoetis Inc. and its subsidiary Zoetis Australia Research and Manufacturing Pty Ltd (together, Zoetis) pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Zoetis’s proposal to acquire all issued share capital of Betrola Investments Pty Ltd and indirectly, acquire Jurox Pty Ltd.

Dye & Durham Limited

8 September 2022
On 8 September 2022, the ACCC announced it had accepted an undertaking given by Dye & Durham Limited and its subsidiary Dye & Durham Holdings Pty Ltd (D&D) pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with D&D’s proposal to acquire 100% of the share capital in Link Administration Holdings Limited (together with its subsidiaries, the Link Group).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Health Insurance Comparison Choosewell Pty Ltd (HICC) for the purposes of section 87B of the Competition and Consumer Act 2010.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Mercedes-Benz Australia/Pacific Pty Ltd (Mercedes-Benz).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Telstra Corporation Limited (Telstra) in relation to Telstra’s decision to register with the Australian Communications and Markets Authority (ACMA) 315 radiocommunications sites in the 900 MHz spectrum band on 31 January 2022.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Clews Holdings Pty Ltd trading as Revitalife in relation to representations made to consumers regarding their refund rights that likely contravened section 29(1)(m) of the Australian Consumer Law (ACL), and its sales practices that likely contravened sections 74 and 18 of the ACL.
On 14 July 2022, the ACCC announced it had accepted an undertaking (the Undertaking) given by Aurizon Holdings Limited (Aurizon) pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Aurizon’s proposal to acquire 100% of One Rail Australia Holdings LP, a South Australian limited partnership between various entities managed by Macquarie Infrastructure and Real Assets Holdings Pty Limited (MIRA) and PGGM Infrastructure Fund (PGGM), which owns the entities that comprise One Rail Australia Pty Ltd (One Rail).
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).
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.