Browse public registers

On 28 February 2019, the ACCC announced it had accepted an undertaking (the Undertaking) from Bingo Industries Limited pursuant to s87B of the Competition and Consumer Act 2010 (Cth) in connection with Bingo’s proposal to acquire, through a subsidiary, 100% of the shares in Alexandria Landfill Pty Ltd (the holding company of a group of waste management companies operating under the name Dial-a-Dump Industries (DADI)) (the Proposed Acquisition).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Baby Bunting Pty Ltd (Baby Bunting) in relation to the sale and promotion of convertible tricycle products that the ACCC considered were required to, but did not comply with the relevant mandatory safety standard for strollers.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Target Australia Pty Ltd (Target) in relation to the sale and promotion of convertible tricycle products that the ACCC considered were required to, but did not, comply with the relevant mandatory safety standard for strollers.

On 20 December 2018, the ACCC announced it had accepted an undertaking (the Undertaking) from Thales pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Thales’ proposal to acquire all issued and outstanding ordinary shares of Gemalto by way of a full public offer subject to the terms and conditions of a merger agreement between Thales and Gemalto (the Proposed Acquisition). The Proposed Acquisition will result in Gemalto becoming a subsidiary of Thales.

On 14 December 2018, the Australian Competition and Consumer Commission (ACCC) accepted a section 87B undertaking from Tigerair Australia Pty Ltd (Tigerair Australia). On 28 October 2020, Virgin Australia Group advised that it had discontinued the Tigerair Australia brand, and sought the ACCC’s consent to the withdrawal of the undertaking pursuant to s.87B(2) of the Act. As Tigerair Australia is no longer operating, the ACCC has provided its consent to withdraw the undertaking in its entirety.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Virgin Australia Airlines Pty Ltd (Virgin Australia). Virgin Australia provided this Undertaking in response to the ACCC’s concerns that Virgin Australia’s booking platforms may have created an overall impression that risked misleading consumers about the nature and potential application of their consumer guarantee rights, including about the remedies that consumers may be entitled to in the event of flight delays or cancellations.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Jetstar Airways Pty Ltd (Jetstar). In December 2018, the ACCC also instituted proceedings against Jetstar in the Federal Court of Australia, alleging that Jetstar had made certain false and misleading representations to consumers about the nature and potential application of their consumer guarantee rights, including about the remedies that consumers may be entitled to in the event of flight delays or cancellations.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Qantas Airways Limited (Qantas). Qantas provided this Undertaking in response to the ACCC’s concerns that Qantas’ Booking Platforms may have created an overall impression that risked misleading consumers about the nature and potential application of their consumer guarantee rights, including about the remedies that consumers may be entitled to in the event of flight delays or cancellations.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Wiggle Limited (Wiggle) in relation to misleading representations about consumers’ statutory rights under the Australian Consumer Law (ACL) that were likely to contravene sections 18 and 29(1)(m).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Australian Hearing Services ABN 80 308 797 003 (Australian Hearing) in relation to false and misleading representations, and misleading and deceptive conduct.

On 21 September 2018, the Australian Competition and Consumer Commission accepted a court enforceable undertaking from Mobile JV Pty Limited in connection with the proposed merger of TPG Telecom Limited and Vodafone Hutchison Australia Pty Limited and the joint venture between those parties.

On 11 September 2018, the Australian Competition and Consumer Commission (ACCC) accepted a court enforceable undertaking from NBN Co to make changes to its wholesale service level commitments to support positive consumer experiences on the NBN.

On 12 September 2018, the ACCC announced it had accepted an undertaking (the Undertaking) from CKM Australia Bidco Pty Ltd (the Company), CK Asset Holdings Limited, CK Infrastructure Holdings Limited (CKI) and Power Assets Holdings Limited (the latter three referred to in the Undertaking as the Consortium), pursuant to s87B of the Competition and Consumer Act 2010 (Cth) in connection with the Company and the Consortium's proposed acquisition of the APA Group (the Proposed Acquisition).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Volkswagen Group Australia Pty Ltd (Volkswagen).

On 30 August 2018, the ACCC announced it had accepted an undertaking from Transurban pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Sydney Transport Partners’ proposed acquisition of a majority interest in the WestConnex motorway. The Sydney Transport Partners are made up of Transurban, AustralianSuper, CPPIB and Tawreed. The ACCC also accepted undertakings from AustralianSuper, CPPIB and Tawreed to support the operation of the Transurban undertaking.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Husqvarna Australia Pty Ltd (Husqvarna) in relation to claims that its dealership agreements were likely to contravene section 27 of the Franchising Code of Conduct (FCC), section 51ACB of the Competition and Consumer Act (CCA) and sections 18 and 29(1)(m) of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Apple Pty Ltd (Apple) in relation to claims about representations that were likely to contravene sections 18 and 29(1)(m) of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Wisdom Properties Group Pty Ltd (Wisdom) in relation to alleged unfair contract terms in its standard Home Building Agreements (Agreement).

Since at least October 2008, Wisdom included in its Agreement certain clauses that allowed it to prevent or control any public statements made by customers about the services provided by Wisdom under the Agreement (Non-disparagement clauses). The Agreement also allowed Wisdom to suspend the customer’s building works if the customer breached the Non-disparagement clauses.

Wisdom has admitted that the Non-disparagement clauses were unfair contract terms within the meaning of sections 23 and 24 of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Fitbit (Australia) Pty Limited (Fitbit) in relation to representations about remedies for faulty products which were likely to contravene sections 18 and 29(1)(m) of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court-enforceable undertaking from Wilson Security Pty Ltd (Wilson Security) in relation to charging customers for internal premise security patrols, which were not provided.