Section 87B undertakings register

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking (Undertaking) from Grays eCommerce Group Limited (ACN 125 736 914) (Grays), an Australia-wide online auction business, in relation to admitted contraventions of sections 18, 29(1)(a), 29(1)(g), 29(1)(m) and 33 of the Australian Consumer Law (ACL) in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Airbnb Ireland UC (Airbnb Ireland) in relation to Airbnb Ireland’s admitted contraventions of ss 18(1) and 29(1)(i) of the Australian Consumer Law (ACL), being Schedule 2 of the Competition and Consumer Act 2010 (Cth) (CCA).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from the Australian Postal Corporation (Australia Post) and Star Track Express Pty Limited (StarTrack) (together, Australia Post Group) to resolve concerns about misleading or deceptive conduct and false or misleading representations in connection with its failure to accept claims for compensation under the consumer guarantee provisions of the Australian Consumer Law (ACL).

The ACCC has accepted a court enforceable undertaking from Petstock Pty Limited (Petstock) in relation to Petstock’s completed acquisitions.

On 14 December 2023, the ACCC announced it had accepted a court-enforceable undertaking given by Viva Energy Group Ltd (Viva Energy) pursuant to s87B of the Competition and Consumer Act 2010 (Cth) (the Undertaking) in connection with the proposed acquisition by Viva Energy Retail Pty Ltd of the entities which constitute the On the Run business (the Proposed Acquisition).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Delicia Franchising Pty Ltd (Delicia Franchising) in relation to its failure to comply with the requirements for preparing and providing financial statements for marketing funds administered by it under the Competition and Consumer (Industry Codes – Franchising) Regulations 2014 (Franchising Code).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Riff Raff Baby Pty Ltd (Riff Raff). This undertaking relates to claims about the safety of sleep aid toys that were likely to contravene sections 18, 29(1)(g) and 33 of the Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010 (CCA).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from MOO Premium Foods Pty Ltd (MOO) in relation to false and misleading representations regarding its yoghurt product packaging that were likely to contravene sections 18, 29(1)(a), 29(1)(g) and 33 of the Australian Consumer Law (ACL). MOO manufactures and supplies yoghurt products which are sold in supermarkets and in convenience stores to consumers in Australia.

The ACCC has accepted a court-enforceable undertaking from Stellantis (Australia and New Zealand) Pty Ltd ACN 125 956 505 (Stellantis Australia) to address ACCC concerns about the way it has handled complaints by consumers who have experienced problems with their Jeep vehicles. Stellantis Australia is the importer and distributor of Jeep vehicles in Australia.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Brilliant Lighting (Aust) Pty Ltd (Brilliant Lighting) in relation to resale price maintenance conduct within the meaning of sections 96(3) and 96(7) of the Competition and Consumer Act 2010 (CCA) and in contravention of section 48 of the CCA.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Seven Fields Operations Pty Ltd trading as Nutrano (Nutrano).

On 10 October 2023, the ACCC decided, pursuant to section 88(1) of the Competition and Consumer Act 2010 (the Act), to authorise the proposed acquisition of Origin Energy Limited by EOS Aggregator (Bermuda) LP and MidOcean Reef Bidco Pty Ltd (the Proposed Acquisition).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Millell Pty Ltd t/as Pet Circle (Pet Circle) in relation to false or misleading representations as to price that were likely to contravene sections 18 and 29(1)(i) of the ACL.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Hornet Industries Pty Ltd (Hornet Industries) in relation to resale price maintenance conduct within the meaning of sections 96(3)(b), 96(3)(c), and 96(3)(f) of the Competition and Consumer Act 2010 (CCA), that was likely to contravene section 48 of the CCA.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Cotton Seed Distributors Ltd (CSD) in relation to potentially anti-competitive provisions in its agreements with agents.

The ACCC has accepted court enforceable undertakings from Eos Aggregator (Bermuda) LP (Brookfield LP) and MidOcean Reef Bidco Pty Ltd (MidOcean) pursuant to s 87B of the Competition and Consumer Act 2010 (Cth).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Blue NRG Pty Ltd (Blue NRG) in relation to misrepresentations made by Blue NRG that it could increase the price of certain electricity rates for fixed rate customers in likely contravention of sections 18, 29(1)(i) and 29(1)(m) of the Australian Consumer Law (ACL) in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from CovaU Pty Ltd (CovaU) in relation to customer communications CovaU sent to residential and small business customers that did not state certain information required under the Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019 (the Code).

On 13 June 2023, the ACCC decided, pursuant to section 88(1) of the Competition and Consumer Act 2010 (the Act), to authorise the proposed merger of Linfox Armaguard Pty Ltd (Armaguard) and Prosegur Australia Holdings Pty Ltd (Prosegur) (together, the Applicants).

The Australian Competition and Consumer Commission (ACCC) has accepted a court-enforceable undertaking from hipages Group Pty Ltd (hipages) on 28 May 2023 under section 87B of the Competition and Consumer Act 2010 (Cth) in relation to claims about conduct that was likely to contravene sections 18 and 29(1)(m) of the Australian Consumer Law (ACL).