Competition and Consumer Act 2010

HICC failed to tell consumers of cooling-off period in unsolicited sales of private health insurance

Health insurance comparison business Health Insurance Comparison Choosewell Pty Ltd (HICC) has admitted breaching the Australian Consumer Law (ACL) by failing to inform consumers of their termination rights, including a 10 business day cooling-off period, when entering into unsolicited consumer agreements for private health insurance.

38 contract terms in 11 Fuji small business contracts declared unfair and void

The Federal Court today declared that 38 contract terms used in contracts entered into by Fujifilm Business Innovation Australia or Fujifilm Leasing Australia (together, Fuji) with many thousands of small businesses are unfair, following court action by the ACCC.

The Court declared the unfair contract terms void and unenforceable. Fuji was also ordered to stop enforcing these terms in current small business contracts and to cease using these terms in 11 types of standard form contracts with small businesses for the next five years. 

Domestic airline industry approaches full recovery, but jet fuel prices hit record high

The number of passengers flying domestically in April 2022 was the highest it has been since the pandemic began, but jet fuel prices have surged to record levels and airfares are set to increase in the coming months, the ACCC’s latest Airline Competition in Australia report reveals.

The quarterly report, released today, shows 4.5 million passengers flew on Australia’s domestic airlines in April, which is 89 per cent of pre-COVID levels.

Mastercard in court for alleged misuse of market power over card payments

The ACCC has instituted proceedings in the Federal Court against Mastercard Asia/Pacific Pte Ltd and Mastercard Asia/Pacific (Australia) Pty Ltd (together, Mastercard), for allegedly engaging in conduct with the purpose of substantially lessening competition in the supply of debit card acceptance services.

Mastercard’s alleged anti-competitive conduct commenced in late 2017 in the context of the Reserve Bank of Australia’s least cost routing initiative.

Uber in court for misleading statements about Uber taxi fares and cancellation fees

The ACCC has instituted proceedings in the Federal Court against Uber B.V.  (Uber), which has admitted it engaged in misleading or deceptive conduct and made false or misleading representations in the Uber ridesharing app.

Uber has admitted that it breached the Australian Consumer Law by making false or misleading statements in cancellation warning messages and Uber Taxi fare estimates, and has agreed to make joint submissions with the ACCC to the Court for penalties totalling $26 million to be imposed.

Trivago to pay $44.7 million in penalties for misleading consumers over hotel room rates

The Federal Court has ordered Trivago to pay penalties of $44.7 million for making misleading representations about hotel room rates on its website and in television advertising, in proceedings brought by the ACCC.

In January 2020, the Federal Court found that Trivago had breached the Australian Consumer Law by misleading consumers when representing that its website would quickly and easily help users identify the best deal or cheapest rates available for a given hotel.