Competition and Consumer Act 2010

ABG Pages admits misleading and unconscionable conduct

The Federal Court has ordered that online business directory service ABG Pages Pty Ltd (ABG) pay a $300,000 penalty for breaching the Australian Consumer Law. ABG admitted to engaging in systemic unconscionable conduct, undue harassment, and making false and misleading representations in relation to its online advertising services.

The Court also ordered ABG’s sole director, Ms Michele McCullough, pay a $40,000 penalty and be disqualified from managing corporations for 5 years for her role in the conduct.

Activ8me pays penalty for misleading claims about ACCC

Telco provider Australian Private Networks Pty Ltd, trading as Activ8me, has paid a penalty of $12,600 after the ACCC issued an Infringement Notice for alleged false and misleading representations. It’s alleged Activ8me represented that its internet services were endorsed or approved by the ACCC as being superior to those offered by other providers, when this was not the case.

Netgear likely misled customers

Networking equipment manufacturer Netgear will provide remedies and refunds to customers who were misled by its warranty and technical support representations, following action by the ACCC.

From June 2016, Netgear incorrectly told customers they could not receive a remedy for a faulty product, unless they were covered by Netgear’s manufacturer’s warranty or they purchased a technical support contract.

2018 compliance & enforcement priorities

In his annual CEDA address, Chairman Rod Sims launched the ACCC's 2018 Compliance and Enforcement policy. This year, the ACCC will focus on consumer issues in broadband services and energy, competition in the financial services and commercial construction sectors, systemic consumer guarantee issues, and conduct that may contravene the new misuse of market power and concerted practices provisions.

CFMEU to pay $1m in penalties for secondary boycott

The Federal Court has ordered the Construction, Forestry, Mining, and Energy Union (CFMEU) to pay $1 million in penalties for secondary boycotts against Boral and Alsafe at construction sites in Hawthorn and Richmond, Victoria.

The court ruled that the CFMEU contravened section 45D(1) of the Competition and Consumer Act 2010  (CCA) by engaging in conduct in concert with a shop steward at both sites which hindered or prevented the acquisition of concrete from Boral and its subsidiary Alsafe for the purpose of causing substantial loss or damage to Boral’s business.

Former Advanced Medical Institute director declared bankrupt

A former director of AMI and NRM, Mr Jacov Vaisman, was declared bankrupt yesterday with the Federal Court granting the ACCC’s application for a sequestration order.

The Court‘s order follows Mr Vaisman’s failure to pay the ACCC’s costs amounting to $3,679,359.00 in proceedings brought by the ACCC against AMI and then NRM. The Court also ordered the ACCC’s costs be taxed and paid from Mr Vaisman’s estate.