s.87B undertakings register

Recent s.87B undertakings

Dodo Services Pty Ltd

9 July 2019
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Dodo Services Pty Ltd (Dodo) in relation to claims about its retail broadband plans supplied over the National Broadband Network (NBN) being ‘perfect for streaming’ that were likely to contravene sections 18, 29(1)(b), 29(1)(g) and 34 of the Australian Consumer Law (ACL). Dodo is a supplier of retail fixed-line broadband plans to consumers supplied over the NBN, in addition to other services. 
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.
On 6 December 2013 ACCC accepted a section 87B Undertaking from Coles Group Limited (ACN 004 089 936) (Coles Group), Coles Supermarkets Australia Pty Ltd (ACN 004 189 708) (Coles Supermarkets), and Eureka Operations Pty Ltd (ACN 104 811 216) (Eureka) (together Coles).
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Hutchison Ports Australia Pty Limited (Hutchison).

Gebr. Knauf KG

28 March 2019
On 28 March 2019, the ACCC accepted an undertaking from Gebr. Knauf KG, Knauf Gypsum (Australia) Pty Ltd, Knauf Insulation Pty Ltd, and KnaufAMF Australia Pty Ltd pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) in connection with Gebr. Knauf KG's proposed acquisitions of USG Corporation and Armstrong World Industries Pty Ltd.
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Pandora Jewelry Pty Ltd (Pandora) in relation to claims that: 1. Pandora staff made statements to consumers to the effect that Pandora does not provide refunds and Pandora’s Warranty Against Defects overrides the Australian Consumer Law (ACL) consumer guarantees provisions; and 2. Pandora’s online store website failed to adequately inform consumers as to their rights as required by section 102 of the ACL and regulation 90 of the Competition and Consumer Regulations 2010 (Cth) (CCR).
On 6 December 2013 the ACCC accepted a section 87B Undertaking from Woolworths Limited.

Target Australia Pty Ltd

27 February 2019
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.

Baby Bunting Pty Ltd

27 February 2019
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.

Bingo Industries Limited

27 February 2019

Jetstar Airways Pty Ltd

14 December 2018
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 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 Tiger Airways Australia Pty Ltd (Tigerair Australia). Tigerair Australia provided this Undertaking in response to the ACCC’s concerns that Tigerair 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.

Qantas Airways Limited

14 December 2018
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.

Wiggle Limited - Section 87B

11 December 2018
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.

Mobile JV Pty Limited

21 September 2018
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.

NBN Co Limited

11 September 2018
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).