In the media
Court finds Bet365 engaged in misleading and deceptive
conduct
The Federal Court has found that Bet365's Australian and UK
companies engaged in misleading and deceptive conduct when offering
free bets to new customers. New customers who had not previously
used such types of services were drawn into this web of deception.
The Federal Court found against both the Australian Bet365 company,
Hillside (Australia New Media) and its UK sister company Hillside
(Shared Services) (11 September 2015).
More...
Michael Anthony Boyle convicted of giving false or
misleading evidence
The Federal Court in Brisbane has convicted Mr Michael Anthony
Boyle of knowingly giving false or misleading evidence to the ACCC
about his knowledge of Peter Foster's involvement in Sensaslim
Australia Pty Ltd (in liquidation) (Sensaslim). In 2011, the ACCC
issued a compulsory notice under section 155(1)(c) of the CCA
requiring Mr Boyle to appear before the Commission to give evidence
as part of the ACCC's investigation into misleading and
deceptive conduct and false representations relating to the
identity of Sensaslim officers, the Sensaslim product (10 September
2015).
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Anti-competitive Conduct: Visa Worldwide Fined Following
ACCC Action
?On 4 September 2015, the ACCC issued a Media Release indicating
that international credit card company Visa Worldwide Pte Ltd
(Visa) has been fined $18 million by the Federal Court of Australia
for engaging in anti-competitive behaviour. The imposition of the
said fine brings to an end a case that the ACCC had instituted in
2013 and has been pursuing since that time. More...
Infrastructure reforms can help restore
productivity
The proposed Harper competition reforms can boost national
prosperity and help turn the tables on many years of past poor
infrastructure policies and practices, according to the ACCC
Chairman Rod Sims (Partnerships Australia conference) . This
includes policies that prevent competition in coastal and liner
shipping, limits on supply and competition in urban water, costly
past rules for energy network regulation, limits on infrastructure
competition in many areas (04 September 2015).
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Visa ordered to pay $18 million penalty for
anti-competitive conduct following ACCC action
Visa Worldwide implemented and maintained a moratorium by making
changes to the Visa rules which prohibited the further expansion of
the supply of DCC services on POS transactions on the Visa network
by its rival suppliers of currency conversion services in many
parts of the world, including in Australia (04 September 2015).
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Visa to pay $18m penalty for CCA breaches (but not s
46)
As foreshadowed on Tuesday, Visa has been ordered to pay a
pecuniary penalty of $18m for anti-competitive conduct. However,
the ACCC points out that, contrary to earlier reports, the matter
was not resolved on the basis of admitted contraventions of s 46 of
the Act; rather Visa admitted contravention of s 47 (exclusive
dealing) and, to facilitate resolution, the ACCC did not press the
section 46 claim (04 September 2015).
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Big business should hang their head in business
shame
The peak body representing Australian small businesses has come
out swinging against the big end of town. But Peter Strong,
executive director of the COSBOA, says he understands the adoption
of an effects test, which would strengthen the provisions in
competition law against the misuse of market power, has not been
completely rejected by cabinet (03 September 2015).
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Competition watchdog finds pork brands misled on
'free range' claims
The competition watchdog says many Australian consumers who
thought they were buying free range pork products from pigs raised
outdoors have been misled. The pork industry is the latest to come
under the spotlight of the ACCC's crackdown on truth in food
labelling (03 September 2015).
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ACCC accepts undertaking from Danoz Direct Pty Ltd about
Abtronic X2
The ACCC has accepted a court enforceable undertaking from Danoz
Direct Pty Ltd (Danoz) following concerns that its infomercials
promoting the Abtronic X2 Fitness System (Abtronic X2) were
misleading, in breach of the Australian Consumer Law (02 September
2015).
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United Petroleum franchisees battle service station
giant
Three former United Petroleum franchisees are launching legal
action against the service station giant, claiming they have been
unfairly forced out of their businesses (30 August 2015).
More...
Full Court hands down decision in hair straightening
product case
The Full Court of the Federal Court of Australia has, in part,
allowed an appeal by the ACCC against a decision of Justice Rangiah
in the Federal Court, which had dismissed certain allegations
against Dateline Imports Pty Ltd. he appeal concerned allegations
that Dateline Imports had made false or misleading representations
when it stated that the hair straightening product, did not contain
formaldehyde, and that it was safe for use by consumers (28 August
2015).
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Reasonable Grounds for Representations: ACCC v
Dateline Imports Pty Ltd [2015] FCAFC 114
?The Full Federal Court has handed down a judgment in ACCC, which
has partially upheld the ACCC's claims in an appeal from the
original Federal Court decision. Cross-appeals by Dateline were
also dismissed. The Full Federal Court agreed with the ACCC's
contention that Dateline had contravened section 52 of the
Trade Practices Act 1974 (Cth) by not having reasonable
grounds for making a series of representations. More...
Cases
Reasonable Grounds for Representations: ACCC v
Dateline Imports Pty Ltd [2015] FCAFC 114
?The Full Federal Court (01 September 2015) has partially upheld
the ACCC's claims in an appeal from the original Federal Court
decision. Cross-appeals by Dateline were also dismissed. The Full
Federal Court agreed with the ACCC's contention that Dateline
had contravened section 52 of the Trade Practices Act 1974
(Cth) by not having reasonable grounds for making a series of
representations, including that their Keratin Complex formula did
not contain formaldehyde and that it complied with worldwide health
and safety regulations. The Court dismissed several other grounds
of appeal. More...
Archer Capital 4A Ltd as trustee for the Archer
Capital Trust 4A v Sage Group plc [2015] FCA
960
CONSUMER LAW – where "Final Offer" letter sent by
bidder – whether Final Offer letter and statements conveyed
representations – whether bidder did not have reasonable
grounds for representations with respect to future matters –
whether representations misleading or deceptive – claimed
contraventions of s 18 of sch 2 of the Competition and Consumer
Act 2010 (Cth), s 12DA of the Australian Securities and
Investments Commission Act 2001 (Cth) and s 1041H of the
Corporations Act 2001 (Cth). ESTOPPEL – promissory
estoppel – whether representations made by bidder –
whether shareholders induced by representations and assumed legal
relationship created if offer accepted – whether shareholders
relied on the representations and acted to their detriment –
whether bidder estopped from departing from effect of the
representations and legal relationship. More...
Ferme & Ors v Kimberley Discovery Cruises Pty
Ltd [2015] FCCA 2384
CONSUMER LAW – Where term in contract provided for
forfeiture of amount paid upon cancellation by respondent –
where respondent cancelled contracted cruise because of inclement
weather – where respondent forfeited amounts paid by
applicants – whether forfeiture term unfair for the purposes
of s.23(1) of the Australian Consumer Law – whether standard
form contract for the purposes of s.23(1) of the Australian
Consumer Law – where standard form contract – where
forfeiture term unfair – forfeiture term void – whether
applicants entitled to recover amounts paid for a consideration
that has wholly failed. Australian Consumer Law, Part2-3, ss.23,
23(1), 23(1)(b), 24, 24(1), 24(1)(a), 24(1)(b), 24(1)(e), 24(2),
24(2)(b), 24(3), 24(4), 25, 25(1), 25(1)(a), 25(1)(k), 27, 27(1),
27(2), 236. More...
Cummins Generator Technologies Germany GmbH v
Johnson Controls Australia Pty Limited [2015] NSWCA
264
TRADE PRACTICES – misleading and deceptive conduct under
Trade Practices Act 1974 (Cth) – whether
misrepresentations made in quotation for supply of an alternator as
to compatibility with existing equipment – where quotation
not accepted – technical information provided in respect of
machinery subject of quotation – misrepresentations to be
assessed in context of dealings between parties TRADE PRACTICES
– misleading and deceptive conduct underTrade Practices
Act 1974 (Cth) – causation – whether legal
causation established – dependent on purpose of statute as
related to the circumstances of the particular case DAMAGE –
misleading and deceptive conduct – no strict requirement to
prove a "no transaction" or "different
transaction" case EVIDENCE – expert evidence –
UCPR, r 31.28 – party seeking to rely on another party's
expert report – report must be "served back"
– exceptional circumstances required for the grant of leave
if party has not "served back" – UCPR, r
31.28(4)(a).
More...
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