Competition and Consumer Act 2010

Queensland Yoghurt pays penalty for failing to disclose gelatine ingredient

Queensland Yoghurt Company Pty Ltd (QYC) has paid a penalty of $12,600 after the ACCC issued it with an infringement notice for allegedly misleading consumers by omitting gelatine as an ingredient in some of its yoghurt products.

The ACCC alleges that, from at least 2 July 2019, QYC failed to disclose the presence of gelatine, or the compound ingredient CFT-1 of which gelatine was a component, in its Queensland Yoghurt products, when in fact gelatine was an ingredient.

Federal Court dismisses ACCC appeal on PN Aurizon case

The Full Court of the Federal Court has today delivered its judgment on the ACCC’s appeal in relation to proceedings brought to stop Pacific National’s acquisition of the Acacia Ridge Terminal in Brisbane by Aurizon (ASX: AZJ).

The ACCC had appealed the 2019 judgment of the Federal Court which held that the acquisition would not be likely to substantially lessen competition due to an undertaking that Pacific National had offered the Court.

Bob Jane gives undertaking in relation to franchise agreements

Bob Jane Corporation Pty Ltd (Bob Jane) has given the ACCC a court-enforceable undertaking to comply with its obligations under the Franchising Code of Conduct in relation to renewal and extension of franchising agreements.

The ACCC was concerned that Bob Jane failed to comply with its obligations under the Code relating to end of term and renewal of agreements. In particular, Bob Jane failed to notify some franchisees whether it intended to renew or extend their franchise agreements at least six months before the expiry of their agreements.

Small business guidance about refunds and cancellations due to COVID-19

Businesses will need to be aware of their rights and obligations when managing refunds and cancellations because of COVID-19, and the ACCC has issued guidance to assist small businesses to understand their rights and obligations under the Australian Consumer Law.

“We know a lot of small businesses are facing a very challenging time, but they still want to do the right thing by their customers,” ACCC Deputy Chair Mick Keogh said.

Debt collector Panthera to pay $500,000 in penalties for undue harassment

The Federal Court has ordered that Panthera Finance Pty Ltd pay $500,000 in penalties for unduly harassing three consumers over debts they did not owe and for misleading one of the three consumers. 

The Court held that Panthera harassed three consumers to pay disputed debts despite being advised that they were not liable for the debts and, in the case of two of these consumers, placed an incorrect default listing on their credit rating files.

Electricity market misconduct

Part XICA of the Competition and Consumer Act applies to all electricity generators and to retailers that generate and supply electricity to small customers. Part XICA establishes three specific prohibitions targeting certain conduct in electricity markets. The prohibitions relate to retail pricing, financial contract market conduct and conduct in electricity spot markets.

Penalties for allegedly selling or advertising recalled cars with dangerous Takata airbags

Three corporations, Grays Ecommerce Group Limited (Grays), Berwick Motor Group Pty Ltd (BMG) and HG Innovations Pty Ltd (HG Innovations), have paid penalties totalling $63,000 after the ACCC issued infringement notices against each business for allegedly selling or advertising vehicles under active recall as part of the Takata compulsory recall of vehicles fitted with defective Takata airbags.