Australian Competition and Consumer Commission v Google LLC (No 3) [2021] FCA 971

Australian Competition and Consumer Commission v Google LLC (No 3) [2021] FCA 971

Discovery of categories 9, 10, 11, 12, 14, 15 and 19 is ordered because these categories are likely to yield documents directly relevant to the relief, including penalties, for contraventions found against Google. Google's state of mind, including knowledge of user confusion regarding its privacy settings, is relevant to penalty assessment, and discovery is not unduly burdensome considering the context and amendments limiting scope.

Jurisdiction
Australia
Judgment Date
16 August 2021
Procedural Posture
Interlocutory Application in Penalty Phase of Civil Proceedings / Post Liability, Pre Penalty Hearing; Application for Discovery
Outcome
Discovery application granted in respect of disputed categories; hearing vacated to allow for compliance.
Legal Topics
['discovery' 'penalty Hearing' 'relevance of State of Mind' 'burden of Compliance' 'australian Consumer Law Contraventions']
['competition Law' 'consumer Law' 'civil Procedure'] ['discovery' 'penalty Hearing' 'relevance of State of Mind' 'burden of Compliance' 'australian Consumer Law Contraventions']

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Procedural Posture

Interlocutory Application in Penalty Phase of Civil Proceedings / Post Liability, Pre Penalty Hearing; Application for Discovery

Legal Issues

  1. 1 ["Whether discovery of certain document categories is 'directly relevant' to penalty relief following established contraventions" "Whether Google's state of mind is relevant to penalties" 'The burden and scope of discovery in penalty proceedings']

Ratio Decidendi

Discovery of categories 9, 10, 11, 12, 14, 15 and 19 is ordered because these categories are likely to yield documents directly relevant to the relief, including penalties, for contraventions found against Google. Google's state of mind, including knowledge of user confusion regarding its privacy settings, is relevant to penalty assessment, and discovery is not unduly burdensome considering the context and amendments limiting scope.

Court Disposition

Discovery application granted in respect of disputed categories; hearing vacated to allow for compliance.

Orders

  • ["The parties are to confer and provide within 7 days agreed orders reflecting the Court's conclusions and further steps."]