Undertaking date

Undertaking type

s.87B undertaking

Reference number

D07/35425

Section

s. 50

Company or individual details

  • Name

    Mark Rowsthorn (this entry is an individual, not a company)

Undertaking

On 18 April 2007 the ACCC accepted the undertaking of Mr Mark Rowsthorn, a director of Asciano Limited and/or its related bodies corporate.

Under the undertaking Mr Mark Rowsthorn agrees to sell down any interest he has in Toll Holdings Limited and thereafter maintain his independence from Toll. In addition, Mr Mark Rowsthorn must immediately resign from all positions within Asciano, and take no further part in the management of Asciano, if he ceases to meet the requisite standards of independence.

The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006. The fifth variation relates to Toll's planned restructure of its group businesses by way of scheme of arrangement to create a new listed entity and trust.

The ACCC's decision to consent to the fifth variation is given effect through the following documents:

  • a variation to Toll's undertakings
  • a new undertaking from Asciano, and
  • new undertakings from the directors of Toll and Asciano.

A copy of those documents can be viewed on the ACCC's website.

Variations

current positiondatetitlevariation status
08 Mar 2011 Mark Rowsthorn - variation - s.87B undertaking variation of original
18 Apr 2007 Mark Rowsthorn - s.87B undertaking original