Toll Holdings Limited - s.87B undertaking

On 12 February 2009, the ACCC accepted the undertaking of Toll Holdings Limited ('Toll').

Under the undertaking, Toll agrees that Mr Mark Rafferty will be employed by Toll Express as a WA Mining Business Development Manager, and will not, during the term of the Toll undertakings (originally accepted on 11 March 2006), be transferred or promoted to any other position within Toll Express, Toll or its Related Bodies Corporate without the ACCC's prior written approval.

The undertaking further prohibits Toll from using confidential information that may be deployed by Mr Rafferty in his role with Toll Express.

The undertaking relates to the ACCC's approval of Toll's employment of Mr Rafferty, pursuant to clause 2.9(f) of the undertaking given by Toll to the ACCC on 11 March 2006, as varied on 18 April 2007.

Toll’s undertaking dated 11 March 2006 and the variation to that undertaking which was accepted by the ACCC on 18 April 2007, being the fifth variation to that undertaking, can be viewed on the ACCC’s website.