Posted by Elizabeth Gore-Jones
on 19 May 2017
Hot on the heels of the Domino's ACCC fines, the ACCC has now instituted proceedings against Ultra Tune.
In a strange case of deja vu these proceedings also include a failure to comply with the Franchising Code of Conduct Marketing Fund disclosure rules.
In addition to that the ACCC is alleging, amongst other things, Ultra Tune failed to act in good faith (also a requirement under the Code).
It will be beneficial to the franchising world to see some case law around the Code...
Posted by Elizabeth Gore-Jones
on 8 May 2017
Domino's has the dubious honour of being the first company to pay penalties for failure to comply with the Franchising Code of Conduct ( the "Code").
Domino's has paid $18,000 in penalties because the ACCC issued infringement notices because it believed they had failed to provide franchisees with an annual marketing fund financial statement and an auditor's report within the time limits prescribed under the Code.
Domino's provided the statement and report in lat...
Posted by Elizabeth Gore-Jones
on 24 February 2017
The ACCC has today released its enforcement priorities for 2017.
The key priorities are:
1. misleading and deceptive conduct;
2. anti-competitive conduct; and
3. unfair contract terms affecting small business.
The Chairman of the ACCC, Mr Rod Sims, stated amongst other things:
(a) "Court action not only helps to sharpen businesses' focus on what is and isn't acceptable under the law, but acts as a deterrent to others that may be tempted in a race ...
