Competition and Consumer Act 2010

Valve to pay $3 million in penalties for misrepresenting gamers' consumer guarantee rights

On 23 December 2016 the Federal Court ordered Valve Corporation (Valve) to pay penalties totalling $3 million for breaching the Australian Consumer Law. Valve is one of the world’s largest online game retailers and operates the Steam game distribution platform. 

In March 2016, the Court found that Valve had breached the Australian Consumer Law by making false or misleading representations to consumers in relation to its online gaming platform, Steam.

ACCC closes tertiary admissions centres investigation

The Australian Competition and Consumer Commission has completed its inquiries into alleged anti-competitive conduct by tertiary admissions centres (TACs) and decided to discontinue its investigation.

The ACCC commenced its investigation after the Australian National University (ANU) alleged that the Western Australian Tertiary Institutions Service Centre (TISC) and the South Australian Tertiary Admissions Centre (SATAC) had both, independently, refused to supply tertiary admission services to ANU.

ACCC acknowledges GrainCorp’s removal of outload fee surcharge

The Australian Competition and Consumer Commission has ended its investigation into a surcharge formerly imposed by GrainCorp upon customers for outloading grain delivered by rail from its upcountry storage and handling facilities to rival port terminals.

The ACCC had been investigating whether the imposition of the surcharge increased the cost of sending grain to wheat ports operated by Graincorp’s rivals and was anti-competitive, after industry participants raised concerns during the ACCC’s exemption assessment process for Port Kembla port terminals.

High Court allows ACCC appeal in Flight Centre attempted price-fixing case

The Australian Competition and Consumer Commission has today won a High Court appeal in relation to Flight Centre’s attempt to induce three international airlines to enter into price-fixing arrangements between 2005 and 2009 in relation to air fares offered online by the airlines that were cheaper than those offered by Flight Centre. 

Another airline stops pre-selecting optional extras

The ACCC welcomes Tigerair Australia’s announcement that it has stopped pre-selecting travel insurance and baggage on its online booking platforms.

Tigerair is the third Australian domestic airline to commit to stopping pre-selection conduct in two days following discussions with the Australian Competition and Consumer Commission.

“The ACCC is pleased that it has been able to achieve this positive change for Australian consumers without having to pursue other options,” said ACCC Chairman Rod Sims.

Advanced Medical Institute owners fined $350,000 for contempt of court

The Federal Court has fined NRM Corporation Pty Ltd and NRM Trading Pty Ltd (together, NRM) $350,000 for contempt of court. NRM owns and operates the business known as the Advanced Medical Institute (AMI).

This decision follows an earlier finding by Justice Moshinsky that NRM had failed to comply with court orders made by Justice North on 22 April 2015 in previous proceedings brought by the ACCC.

ACCC welcomes Jetstar’s plan to stop pre-selecting extras

Following discussions with the Australian Competition and Consumer Commission, Jetstar has advised it plans to stop pre-selecting extras on its online booking platforms.

This follows yesterday’s announcement that Virgin Australia had decided to cease its practice of pre-selecting travel insurance. 

As of 1 July 2017, Jetstar will no longer pre-select checked baggage, seat selection, travel insurance and charity donations on its online booking platforms.

ACCC takes proceedings against ANZ and Macquarie bank for attempted cartel conduct

The Australian Competition and Consumer Commission has today taken proceedings on a consent basis against Australia and New Zealand Banking Group Limited (ANZ) and Macquarie Bank Limited (Macquarie) in relation to alleged attempts to engage in cartel conduct.

Following cooperation by ANZ and Macquarie, the parties have agreed on the following facts to be presented to the Federal Court for its consideration: