Baldwin's Tractor & Truck Wreckers Pty Ltd - s.87B undertaking

An ACCC investigation into a market-sharing allegation in Smoky Bay on the west coast of South Australia has resulted in Baldwin's Tractor and Truck Wreckers Pty Ltd, providing a court-enforceable Undertaking. The conduct involved Baldwin's attempting to induce a competitor to provide Tia Tuckia Association Inc., an Aboriginal homeland community, with an inflated quote for repairs to a back hoe because Baldwin's had already quoted for the job and did not want to be undercut. The competitor refused to enter into the arrangement. As a result of the investigation, Baldwin's has given the ACCC a s87B Undertaking that it will:

• Never engage in this type of conduct again;
  
• Perform 65 hours of free labour for Tia Tuckia;
  
• Pay the ACCC's investigation costs;
  
• Apologise in writing to Tia Tuckia and to ATSIC; and
  
• Publish an apology in The Koori Mail, a publication circulated nationally among Aboriginals and Torres Strait Islander Communities.