ACCC institutes proceedings against Telstra for alleged misleading Next G advertising

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against Telstra Corporation Limited for alleged contraventions of the Trade Practices Act 1974 in relation to the promotion of its Next G network.

The ACCC alleges that Telstra has engaged in misleading or deceptive conduct by representing that the Next G mobile network "covers the entire country" and has "coverage everywhere you need it".

The ACCC alleges that these representations contravene sections 52 and 53 of the Act.

The ACCC is seeking an interlocutory injunction to restrain Telstra from making further similar representations prior to a full hearing. The ACCC is also seeking a range of remedies including declarations regarding the alleged contravening conduct and corrective advertising.

The ACCC's proceedings utilise the new Fast Track List in the Victorian registry of the Federal Court, which is intended to streamline court procedures in matters of this nature, thereby reducing the time and cost of litigation.

A date for the scheduling conference has yet to be set.