2011 Annual Report - The Commerce Commission

Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/08/11/BC-FTD/1942011/08/10/BC-FTD/195Consumer Uvs. CompanyWCompany V vs.Company X(Fiji’s only 3GNetwork)On 11-08-11, the Commission received a complaint from Consumer Uagainst Company W, regarding the non-payment of dalo supplied for export.She also informed FCC that the respondent under weighed their dalo andpaid a lower amount based on the weight. FCC after making its assessmentand analysis formally informed the complainant that the weight issue did notfall within the ambit of FCC and she may have to lodge her complaint withthe Department of Weights & Measurements and she may also have tolodge her claim with the Small Claims Tribunal for non-payment of the dalosupplied.On 10-08-11, the Commission received a complaint from Company Vagainst Company X. The main issue of Company V was the advertisementspublished by Company X that appeared in the press recently and on largesized billboards throughout the country that stated that Company X was“Fiji’s only 3G Network”. According to Company V, that was not correct andwas potentially misleading. Company V in their letter stated that Company Vhad a 3G network live and the network was accessible by all Company Vcustomers located in their 3G coverage area that had 3G enabledhandsets. FCC formally wrote to the respondent informing them of the issueand seeking a response. A response was received, informing FCC that therespondent had launched its 3G Network in 2008 and since then a numberof marketing Communication materials were put to inform the consumers onthe same. FCC after making its assessment on the issue and responsedirected the respondent to pull down all the related advertisements and thiswas done by the respondent.ConsumerProtection &Unfair PracticesSection 75 & 76ConsumerProtection &Unfair Practices Section 78Page87of236