Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49

Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49

Google engaged in misleading or deceptive conduct because the sponsored links were displayed by Google's search engine as Google's response to users' search queries, in collocation with advertisers' URLs, and Google was more than a mere conduit. The advertisements concerning Harvey World Travel, Honda.com.au, Alpha...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 April 2012
Procedural Posture
Appeal / Appeal From Australian Competition and Consumer Commission V Trading Post Australia Pty Ltd [2011] FCA 1086
Outcome
Appeal allowed.
Legal Topics
['misleading and Deceptive Conduct' 'online Advertising' 'sponsored Links' 'google Ad Words' 'keyword Insertion' "publisher's Defence" 'mere Conduit']
['trade Practices' 'consumer Law'] ['misleading and Deceptive Conduct' 'online Advertising' 'sponsored Links' 'google Ad Words' 'keyword Insertion' "publisher's Defence" 'mere Conduit']

Source-derived case record

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Procedural Posture

Appeal / Appeal From Australian Competition and Consumer Commission V Trading Post Australia Pty Ltd [2011] FCA 1086

Legal Issues

  1. 1 ["Whether Google engaged in misleading or deceptive conduct by displaying sponsored links in response to search queries containing competitors' names, trade marks or website addresses." "Whether the sponsored links conveyed representations of association, affiliation, or that information about a competitor could be found at the advertiser's website." "Whether Google merely passed on advertisers' statements as a conduit or itself made the relevant representations." 'Whether Google could rely on the defence under s 85(3) of the Trade Practices Act 1974 (Cth).']

Ratio Decidendi

Google engaged in misleading or deceptive conduct because the sponsored links were displayed by Google's search engine as Google's response to users' search queries, in collocation with advertisers' URLs, and Google was more than a mere conduit. The advertisements concerning Harvey World Travel, Honda.com.au, Alpha Dog Training and Just 4x4s Magazine conveyed false representations of association, affiliation, destination or availability of information, and Google did not establish the s 85(3) defence.

Court Disposition

Appeal allowed.

Orders

  • ['The appeal be allowed.' 'Order 3 made by the primary judge on 22 September 2011 be set aside and, in lieu, declarations be made in accordance with paras 2(i) to (iv) of the Notice of Appeal concerning the Harvey World Travel, Honda.com.au, Alpha Dog Training and Just 4x4s Magazine advertisements.' 'Pursuant to s...