70.
Proceedings commenced
Competition
|
|
None
|
Consumer protection
|
Unconscionable conduct
|
Acquire Learning & Careers Pty Ltd
|
commenced
jurisdiction
|
17 December 2015
Federal Court Melbourne
|
Vulnerable and disadvantaged consumers
|
Cornerstone Investment Australia Pty Ltd t/a Empower Institute
|
commenced
jurisdiction
|
9 December 2015
Federal Court Sydney
|
Unconscionable conduct
|
FDRA Pty Ltd (Angel Digital) & Anor
|
commenced
jurisdiction
|
23 December 2015
Federal Court Darwin
|
Consumer rights
|
LG Electronics Australia Pty Ltd
|
commenced
jurisdiction
|
15 December 2015
Federal Court Sydney
|
Non-compliance with court order
|
Laurence Glynne Hann
|
commenced
jurisdiction
|
16 December 2015
Federal Court Melbourne
|
Unconscionable conduct
|
Multimedia International Services Pty Ltd t/a The Community Network
|
commenced
jurisdiction
|
30 November 2015
Federal Court Brisbane
|
Product safety
|
Ozsale Pty Ltd t/a BuyInvite
|
commenced
jurisdiction
|
8 December 2015
Federal Court Sydney
|
Vulnerable and disadvantaged consumers
|
Phoenix Institute of Australia Pty Ltd & Anor
|
commenced
jurisdiction
|
24 November 2015
Federal Court Sydney
|
Vulnerable and disadvantaged consumers
|
Unique International College Pty Ltd
|
commenced
jurisdiction
|
27 October 2015
Federal Court Sydney
|
Unconscionable conduct
|
Woolworths Ltd
|
commenced
jurisdiction
|
10 December 2015
Federal Court Sydney
|
Proceedings ongoing
Competition
|
Cartel
|
Air New Zealand Ltd
|
commenced
jurisdiction
|
12 May 2010
Federal Court Sydney
awaiting judgment
|
Cartel
|
Australian Egg Corporation Limited & Ors
|
commenced
jurisdiction
|
26 May 2014
Federal Court Adelaide
awaiting judgment
|
Cartel
|
Cascade Coal Pty Ltd & Ors
|
|
commenced
jurisdiction
|
25 May 2015
Federal Court Sydney
|
Anti-competitive agreements
|
Cement Australia Pty Ltd & Ors
|
commenced
jurisdiction
|
12 September 2008
Federal Court Brisbane
awaiting judgment
|
Cartel
|
Colgate-Palmolive Pty Ltd & Ors
|
commenced
jurisdiction
|
12 December 2013
Federal Court Sydney
|
Secondary boycott
|
Construction Forestry Mining and Energy Union (CFMEU)
|
commenced
jurisdiction
|
20 November 2014
Federal Court Melbourne
|
Anti-competitive agreements
|
Flight Centre Ltd (appeal)
|
commenced
jurisdiction
|
17 April 2014
Federal Court Brisbane
|
Exclusionary conduct
|
Little Company of Mary Health Care Ltd
|
commenced
jurisdiction
|
10 December 2014
Federal Court Sydney
|
Cartel
|
OLEX Australia Pty Limited & Ors
|
commenced
jurisdiction
|
4 December 2014
Federal Court Melbourne
|
Misuse of market power and exclusive dealing
|
Pfizer Australia Pty Ltd (appeal)
|
commenced
jurisdiction
|
18 March 2015 (Appeal)
Federal Court Sydney
|
Cartel
|
Prysmian Cavi e Sistemi
|
commenced
jurisdiction
|
23 September 2009
Federal Court Adelaide
|
Cartel
|
P.T. Garuda Indonesia Ltd
|
commenced
jurisdiction
|
2 September 2009
Federal Court Sydney
awaiting judgment
|
Cartel
|
Yazaki Corporation & Australian Arrow Pty Ltd
|
commenced
jurisdiction
|
13 December 2012
Federal Court Sydney
|
Consumer protection
|
Indigenous consumer protection / unsolicited consumer agreements
|
Adata Pty Ltd
|
commenced
jurisdiction
|
20 June 2014
Federal Court Darwin
|
Unconscionable conduct and unfair contract terms
|
Advanced Medical Institute Pty Ltd & Ors (appeal)
|
commenced
jurisdiction
|
21 December 2010
Federal Court Melbourne
|
Consumer Guarantees
|
Bunavit Pty Ltd (trading as Harvey Norman AV/IT Superstore Bundall)
|
commenced
jurisdiction
|
12 June 2013
Federal Court Brisbane
awaiting judgment
|
Unfair contract terms
|
Chrisco Hampers Australia Ltd
|
commenced
jurisdiction
|
19 December 2014
Federal Court Brisbane
|
False or misleading representations
|
CLA Trading Pty Ltd, t/a Europcar
|
commenced
jurisdiction
|
10 November 2014
Federal Court Perth
|
Vulnerable and disadvantaged consumers
|
Clinica Internationale Pty Ltd & Anor
|
commenced
jurisdiction
|
15 May 2015
Federal Court Melbourne
|
Product safety
|
Dateline Imports Pty Ltd
|
commenced
jurisdiction
|
25 June 2012
Federal Court Brisbane
|
Credence claims
|
Derodi Pty Ltd and Holland Farms Pty Ltd
|
commenced
jurisdiction
|
5 December 2014
Federal Court Sydney
|
Credence claims
|
DuluxGroup (Australia) Pty Ltd
|
commenced
jurisdiction
|
5 December 2012
Federal Court Perth
|
False or misleading representations
|
Hillside (Australia New Media) Pty Ltd t/as Bet365
|
commenced
jurisdiction
|
13 August 2014
Federal Court Melbourne
|
Drip pricing
|
Jetstar Airways Pty Ltd
|
commenced
jurisdiction
|
19 June 2014
Federal Court Sydney
|
Unconscionable conduct
|
Lifestyle Photographers
|
commenced
jurisdiction
|
18 September 2015
Federal Court Sydney
|
Product safety
|
Online Dealz Pty Ltd & Anor
|
commenced
jurisdiction
|
30 March 2015
Federal Court Sydney
|
False or misleading representations
|
Reckitt Benckiser (Australia) Pty Ltd
|
commenced
jurisdiction
|
4 March 2015
Federal Court Sydney
|
Scam
|
Sensaslim Australia Pty Ltd & Ors
|
commenced
jurisdiction
|
15 July 2011
Federal Court Sydney
|
Credence claims
|
Snowdale Holdings Pty Ltd
|
commenced
jurisdiction
|
9 December 2013
Federal Court Perth
|
Consumer guarantees
|
Valve Corporation Pty Ltd
|
commenced
jurisdiction
|
28 August 2014
Federal Court Sydney
|
Drip pricing
|
Virgin Australia Airlines Pty Ltd
|
commenced
jurisdiction
|
19 June 2014
Federal Court Sydney
|
False or misleading representations
|
We Buy Houses Pty Ltd and Rick Otton
|
commenced
jurisdiction
|
2 March 2015
Federal Court Sydney
|
Product safety
|
Woolworths Ltd
|
commenced
jurisdiction
|
17 September 2014
Federal Court Sydney
|
Proceedings concluded
Consumer Protection
|
Fake testimonials
|
A Whistle (1979) Pty Ltd t/as Electrodry
|
commenced
concluded
jurisdiction
outcome
|
1 July 2014
18 December 2015
Federal Court Sydney
Declarations, injunctions, pecuniary penalty of $215,000, corrective notice and $10,000 towards ACCC costs.
|
False or misleading representations
|
Homeopathy Plus! Australia Pty Ltd & Ors
|
commenced
concluded
jurisdiction
outcome
|
19 February 2013
15 October 2015
Federal Court Sydney
Pecuniary penalties of $115,000 for Homeopathy Plus! and $23,000 for Frances Sheffield, injunction and ACCC costs.
|
Pyramid selling
|
Lyoness Australia Pty Ltd & Ors
|
commenced
concluded
jurisdiction
outcome
|
28 August 2014
23 October 2015
Federal Court Sydney
Court ordered no breach
|
Small business
|
Safety Compliance
|
commenced
concluded
jurisdiction
outcome
|
16 April 2012
22 December 2015
Federal Court Sydney
Declarations, injunctions, pecuniary penalty of $515,000 for Safety Compliance, $125,000 for King, $30,000 for Black and $10,000 for Schimmel. Disqualification orders, and $315,000 towards ACCC costs.
|
Other
|
|
Non-compliance with statutory notice
|
Robert Paul Davies
|
commenced
concluded
jurisdiction
outcome
|
2 October 2014
20 November 2015
Federal Court Brisbane
200 hours of community service
|
Competition
|
Highly concentrated sectors
|
Informed Sources (Australia) Pty Ltd & Ors
|
commenced
concluded
jurisdiction
outcome
|
19 August 2014
22 December 2015
Federal Court Melbourne
Section 87B undertaking for a 5 year term.
|
Infringement notices
Consumer Protection
|
Category
|
Trader
|
Date paid and amount
|
Misleading representations
|
Cereal Partners Australia Pty Ltd
|
26 November 2015
3 notices totalling $ 32,400
|
Misleading representations
|
Epharmacy Group Pty Ltd
|
24 November 2015
3 notices totalling $32,400
|
Misleading representations
|
Arnott’s Biscuits Ltd
|
23 November 2015
5 notices totalling $51,000
|
Misleading representations
|
Kailis Bros Pty Ltd
|
8 December 2015
1 notice totalling $10,800
|
Misleading representations
|
Optus Internet Pty Ltd
|
17 December 2015
5 notices totalling $51,000
|
Misleading representations
|
Athena Solutions Pty Ltd
|
14 December 2015
1 notice totalling $10,800
|
Section 87B undertakings
Consumer Protection
|
Category
|
Trader
|
Date
|
False or misleading representations
|
AirBnB Ireland (Ireland Company Registration Number 511825)
|
12 October 2015
|
False or misleading representations
|
Vacaciones eDreams, SL
|
12 October 2015
|
False or misleading representations
|
Arnott’s Biscuits Ltd
|
20 November 2015
|
False or misleading representations
|
WFI Insurance t/a Lumley Retail Warranty
|
7 December 2015
|
False or misleading representations
|
Optus Internet Pty Ltd
|
16 December 2015
|
Competition
|
Withdrawal of undertaking
|
Peter McInnes Pty Ltd
|
20 October 2015
|
Anti-competitive conduct
|
Eureka Operations Pty Ltd t/a Coles Express
|
15 December 2015
|
Anti-competitive conduct
|
BP Australia, Caltex Australia Petroleum, Woolworths Ltd, 7-Eleven Stores
|
23 December 2015
| 72.
73.C Use of compulsory information gathering powers
During the September 2015 quarter, the ACCC issued:
105 notices pursuant to sections 155(1)(a)&(b)
17 notices pursuant to section 155(c)
Two notices pursuant to section 155AAA
32 notices pursuant to section 95ZK
One notice pursuant to section 51ADD, and
No notices were issued under sections 60H or 133D.
Under s155 of the CCA, the ACCC may, in certain cases, issue a notice requiring the provision of information (s155(1)(a)) or documents (s155(1)(b)), or the giving of sworn evidence at a formal examination (s155(1)(c)). Section 155AAA notices relate to the ACCC sharing information with other regulators.
Under s95ZK of the CCA, the ACCC may require a person to provide information or documents relevant to a price notification, inquiry or monitoring under Part VIIA of the CCA.
Under s51ADD of the CCA, the ACCC may require a franchisor to provide information or produce documents so as to check their level of compliance with the Franchising Code of Conduct.
74.D Major speeches
During the December quarter, the ACCC took part in 32 major speaking events, including:
NSW Energy & Water Ombudsman Anti-poverty week event (Deputy Chair Delia Rickard)
Tasmanian Chamber of Commerce & Industry event (Dr Schaper)
Master Grocers Australia event (Dr Schaper)
Institute of Public Accountants' National Congress (Dr Schaper), and
Townsville Chamber of Commerce event (Dr Schaper).
Small business in focus
Deputy Chair Michael Schaper
COSBOA National Small Business Summit, Sydney
16 July 2015
Health priorities*
Commissioner Sarah Court
PHI Code of Cond Code Compliance Committee Seminar
21 July 2015
The ACCC & health insurance*
Deputy Chair Delia Rickard
National Private Insurance Summit, Sydney
28 July 2015
Meeting expectations: Industrial relations as a case study
Chairman Rod Sims
Law Council of Australia, Business Law Competition and Consumer Committee
14 August 2015
Reviewing the regulation of rural water charges
Commissioner Cristina Cifuentes
Agribusiness Association of Australia, Melbourne
21 August 2015
Communications affordability and the role of efficient markets
Chairman Rod Sims
ACCAN National Conference 2015, Sydney
1 September 2015
Competition key to restoring Australia's productivity
Chairman Rod Sims
Infrastructure Partnerships Australia Conference, Sydney
4 September 2015
The importance of adequate competition for the East Coast gas market
Chairman Rod Sims
Eastern Australia's Energy Markets Outlook 2015, Sydney
17 September 2015
Keynote address
Chairman Rod Sims
Australian Competition Policy Summit, Sydney
22 September 2015
unpublished
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