Mr Yummy Australia Pty Ltd which owns certain trade names including 'Mr Yummy', and International Catering Pty Ltd (the companies) sell ice cream products in certain parts of South East Queensland. International Catering retails ice cream products through mobile vans to various consumers and also wholesales ice cream products to various other retailers throughout certain parts of South East Queensland.
The ACCC received a complaint alleging that in or about 1999 to 2004 a manager of the companies made approaches to competing vendors of ice cream products in which he attempted to obtain agreement that competitor vendors would match the prices of ice cream products sold by International Catering Pty Ltd.
The ACCC is concerned that, in engaging in the alleged conduct, the companies may have contravened section 45 of the TPA.
The companies have undertaken that for a period of three years:
they will not, in trade or commerce attempt to induce competitors to make arrangements regarding prices at which products are to be sold by the companies and/or their competitors; or
they will not, in trade or commerce make agreements with competitors regarding the prices at which products are to be sold by the companies and/or their competitors; and
they will, within 30 days of the acceptance of this undertaking, issue notices to competitors or customers in the form provided in Annexure A in the undertaking, to the persons listed in Annexure B of the undertaking subject only to such variations as may be agreed to by the ACCC in writing; and
they and the directors of the companies undertake to the ACCC for the purposes of section 87B of the TPA that the persons listed in Annexure C will attend trade practices training covering sections 45, 45A, 48 and 96 of the TPA in accordance with the requirements set out in the undertaking