Australian Competition and Consumer Commission v Decathlon (Australia) Pty Ltd [2021] FCA 964

Australian Competition and Consumer Commission v Decathlon (Australia) Pty Ltd [2021] FCA 964

Decathlon breached mandatory Australian consumer product safety standards, engaged in misleading and deceptive conduct, and made false or misleading representations in contravention of ss 18(1), 29(1)(a), 29(1)(g), 106(1), and 106(2) of the ACL. Taking into account the nature and extent of the breaches, profits...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 August 2021
Procedural Posture
Civil / Post Trial Judgment
Outcome
Declaratory relief granted; injunctive relief ordered; compliance program required; pecuniary penalty imposed; costs awarded to applicant.
Legal Topics
['pecuniary Penalties' 'contravention of Safety Standards' 'misleading or Deceptive Conduct' 'false or Misleading Representations' 'injunctive Relief' 'compliance Programs']
['consumer Law' 'commercial Law' 'corporations Law'] ['pecuniary Penalties' 'contravention of Safety Standards' 'misleading or Deceptive Conduct' 'false or Misleading Representations' 'injunctive Relief' 'compliance Programs']

Source-derived case record

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Procedural Posture

Civil / Post Trial Judgment

Legal Issues

  1. 1 ['Whether Decathlon supplied goods in breach of Australian consumer product safety standards' 'Whether Decathlon engaged in misleading or deceptive conduct under s 18(1) of the ACL' 'Whether Decathlon made false or misleading representations under ss 29(1)(a), 29(1)(g) of the ACL' 'Appropriate pecuniary penalty under s 224 of the ACL']

Ratio Decidendi

Decathlon breached mandatory Australian consumer product safety standards, engaged in misleading and deceptive conduct, and made false or misleading representations in contravention of ss 18(1), 29(1)(a), 29(1)(g), 106(1), and 106(2) of the ACL. Taking into account the nature and extent of the breaches, profits earned, Decathlon’s cooperation, compliance steps, lack of injury, and specific and general deterrence, a single pecuniary penalty of $1.5 million is appropriate.

Court Disposition

Declaratory relief granted; injunctive relief ordered; compliance program required; pecuniary penalty imposed; costs awarded to applicant.

Orders

  • ['Decathlon to pay $1.5 million pecuniary penalty within 30 days' 'Decathlon to publish corrective notice on its website within 14 days for 120 days' 'Decathlon to establish and comply with a compliance program for three years' 'Decathlon to pay the applicant’s costs of and incidental to the proceedings']