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The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Tyco Australia Group Pty Ltd, trading as ADT Security (ADT) following concerns raised by the ACCC.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Back In Motion Physiotherapy Pty Ltd (Back In Motion), in relation to certain terms in its standard form franchise agreement that may be unfair within the meaning of section 24 of the Australian Consumer Law (ACL). Back In Motion is a franchisor with a network of franchisees who provide physiotherapy and related services in Australia and New Zealand.

On 10 September 2020, the Australian Competition and Consumer Commission (ACCC) announced it had accepted an undertaking (the Mylan/Upjohn Undertaking) given by Mylan N.V. and its subsidiary Alphapharm Pty Ltd and Upjohn Inc. and its subsidiary Upjohn Australia Pty Ltd pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Mylan N.V’s proposed combination with a new entity (Viatris) comprised of Pfizer’s Upjohn Inc. division, including Greenstone LLC (the Proposed Transaction). To support the Mylan/Upjohn Undertaking, the ACCC announced it had also accepted an undertaking given by Pfizer Inc. and Pfizer Australia Pty Ltd pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with the Proposed Transaction.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Chrisco Hampers Australia Limited (Chrisco) in relation to sections 18, 23, 24, and 29(1)(d) of the Australian Consumer Law.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Medibank Private Limited (Medibank) in relation to contraventions of sections 18 and 29(1)(m) of the Australian Consumer Law.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Himanshu Bist, Director of Get Gizmo Pty Ltd (Get Gizmo), in relation to contraventions of the unsolicited consumer agreement provisions of the Australian Consumer Law.

On 9 July 2020, the ACCC announced it had accepted an undertaking (the Undertaking) from Elanco Animal Health Incorporated and its subsidiary Elanco Australasia Pty Ltd pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Elanco Animal Health Incorporated’s proposal to acquire Bayer AG’s animal health business (the Proposed Acquisition).

Lime Network Pty Ltd (Lime) has provided the ACCC with a court enforceable section 87B undertaking to address the ACCC’s concerns about misrepresentations as to the safety of Lime e-scooters in Australia, and Lime’s product safety reporting obligations under the ACL.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from NBN Co Limited (NBN Co) in relation to its conduct in sending disconnection communications to consumers on the TransACT VDSL2 Network in the Australian Capital Territory (ACT). Those communications described the upcoming availability of NBN services and advised that recipients’ existing phone and internet services would likely be disconnected and that they were likely to need to acquire NBN services to continue to have phone and internet services. This was false because in the ACT the TransACT VDSL2 Network will continue to operate alongside and in competition with the NBN.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Electronics Boutique Australia Pty Limited (trading as EB Games) in relation to conduct that was likely to have misled certain Australian consumers who purchased the Fallout 76 game from their stores or website about their rights under the Australian Consumer Law (ACL), in contravention of sections 18 and 29(1)(m) of the ACL.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Bob Jane Corporation Pty Ltd (Bob Jane) in relation to concerns that it failed to comply with its obligations under the Franchising Code of Conduct (the Code) relating to end of term and renewal of agreements.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from TEG Live Pty Limited (TEG Live) in relation to the promotion of basketball games featuring the USA men’s national basketball team played in Melbourne and Sydney in August 2019 (the Games) that was likely to contravene sections 18, 29 and 34 of the ACL.

On 1 April 2020, the ACCC announced it had accepted an undertaking (the Asahi Undertaking) given by Asahi Group Holdings, Ltd. and its subsidiary Asahi Holdings (Australia) Pty Ltd pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Asahi’s proposal to acquire all issued shares of ABI Australia Holding Pty Ltd (ABIH) (the Proposed Acquisition). ABIH is owned by Anheuser-Busch Inbev SANV (ABI). Through ABIH, ABI operates Carlton United Breweries (CUB). To support the Asahi Undertaking, the ACCC also accepted an undertaking from ABI to address the ACCC’s concerns that ABI may not provide its consent to the transfer of the rights and obligations to an Approved Purchaser that are otherwise held by Asahi in relation to the Divestiture Businesses (the ABI Undertaking).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from 1300 Australia Pty Ltd (1300 Australia) in relation to possible unfair contract terms in standard form agreements used with small business customers.  1300 Australia supplies “phonewords” which are telephone numbers that also spell words on a keypad. 

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Mercedes-Benz Australia/Pacific Pty Ltd (Mercedes-Benz) in relation to conduct that was likely to contravene section 127 of the ACL.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Gumtree AU Pty Ltd (Gumtree). On 14 January 2020, Gumtree lodged an application for merger authorisation pursuant to section 88 of the Competition and Consumer Act 2010 (Cth) in respect of its proposed acquisition of Cox Australia Media Solutions Pty Ltd (Cox). Gumtree undertakes that it will not complete the acquisition of Cox while the application for merger authorisation is being considered by the ACCC.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Outdoor Supacentre Pty Ltd (trading as 4WD Supacentre) in relation to claims about was/now pricing that were likely to contravene section 29(1)(i) of the Australian Consumer Law.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from ANZ Roofing Pty Ltd (ANZ Roofing) and one of its directors, Mark Lee Burtenshaw (Burtenshaw).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Ivy Contractors Pty Ltd (Ivy Contractors) and its sole director Brent Cameron Callan-Kerkenezov (Kerkenezov).

On 14 November 2019, the ACCC accepted an undertaking (the Undertaking) given by Terminals Pty Limited (Terminals) and Hyperion Investments Australia Pty Ltd (Hyperion) pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Terminals’ proposed acquisition of 100% of the shares in GrainCorp Liquid Terminals Australia Pty Ltd (the Proposed Acquisition).