Competition and Consumer Act 2010

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.

Honda in court for allegedly misleading consumers about dealership closures

The ACCC has instituted Federal Court proceedings against Honda Australia Pty Ltd for making false or misleading representations to consumers about two former authorised Honda dealerships, Brighton Automotive Holdings Pty Ltd (Astoria) in Victoria and Tynan Motors Pty Ltd (Tynan) in NSW.

The ACCC alleges that between January 2021 and June 2021, Honda Australia represented to customers of Astoria and Tynan that the dealerships would close or had closed and would no longer service Honda vehicles.

ACCC takes action over alleged misleading conduct by Meta for publishing scam celebrity crypto ads on Facebook

The ACCC has instituted Federal Court proceedings against Facebook owner Meta Platforms, Inc. and Meta Platforms Ireland Limited (together: Meta) alleging that they engaged in false, misleading or deceptive conduct by publishing scam advertisements featuring prominent Australian public figures.

The ACCC alleges that this conduct was in breach of the Australian Consumer Law (ACL) or the Australian Securities and Investments Commission Act (ASIC Act). 

New digital platform rules crucial next step in consumer law reform

The development of new upfront rules that force dominant digital platforms to treat their users fairly is the important next step in reforming Australia’s consumer protection laws, ACCC Chair Rod Sims said today.

Delivering the 2022 Ruby Hutchison Memorial Lecture, Mr Sims applauded the progress on stronger consumer laws in Australia, starting with the introduction of the Australian Consumer Law in 2011, which included penalties for breaches, and then a significant hike in penalties in 2018.

Speedway Australia undertakes to address competition concerns involving sprintcar tracks

The ACCC has accepted a court-enforceable undertaking from N.A.S.R. Incorporated, trading as Speedway Australia, after the ACCC raised competition concerns relating to speedway racing in Victoria.

The ACCC investigated reports that Speedway Australia’s affiliated speedway track operators were being restricted in their choice of the speedway racing classes or divisions they could program to race at their tracks, due to an agreement between Speedway Australia and the Sprintcar Control Council of Australia (SCCA). 

Compliance and enforcement priorities for 2022/23

The ACCC’s 2022/23 compliance and enforcement priorities include manipulative or deceptive advertising in the digital economy, environmental claims and sustainability, and disruptions to global and domestic supply chains.

In the annual Committee for Economic Development Australia (CEDA) address in Sydney today, ACCC Chair Rod Sims said the ACCC’s 2022/23 priorities reflected current and emerging issues relating to consumer and fair trading, competition, infrastructure and product safety.

Former Get Qualified Australia CEO Adam Wadi declared bankrupt

The Federal Circuit and Family Court of Australia has granted an order sought by the ACCC, declaring Mr Adam Wadi, formerly Get Qualified Australia Pty Ltd’s (GQA) sole director and CEO, bankrupt.

The declaration follows ACCC court action in 2016 which resulted in a ruling from the Federal Court in 2017 that GQA made false or misleading representations, engaged in unconscionable conduct, imposed an unfair contract term in its consumer contracts and entered into unsolicited consumer agreements.