AGL Energy Limited - s.87B undertaking

The ACCC has accepted a section 87B undertaking from AGL Energy Limited (AGL) in relation to the court proceedings ACCC v Australian Power & Gas Company Limited QUD 621 of 2013.

The ACCC instituted proceedings against Australian Power & Gas Company Limited (APG) in September 2013 in relation to its door-to-door selling practices (alleged breaches of sections 18, 21, 29, 74, 75 and 76 of the ACL).

In October 2013, AGL completed its acquisition of APG. APG is now therefore wholly owned by AGL.

On 28 November 2013, the Federal Court made orders by consent of the parties. These orders included that APG:

- pay a pecuniary penalty of $1.1 million;
- publish corrective website and newspaper notices; and
- make a contribution to the ACCC’s costs in the proceedings.

Separate to the proceedings, AGL offered the ACCC an 87B undertaking that it would extend its existing trade practices compliance program to include APG.

AGL’s existing compliance program is in accordance with Orders made by the Federal Court in the matter of ACCC v AGL Sales Pty Ltd [2013] FCA 1030 concerning the establishment and/or review and amendment of a trade practices compliance program.