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

FEDERAL COURT OF AUSTRALIA

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

Appeal from: Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [2011] FCA 1086

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v GOOGLE INC

File number: NSD 1759 of 2011

Judges: KEANE CJ, JACOBSON & LANDER JJ

Date of judgment: 3 April 2012

Catchwords: TRADE PRACTICES – misleading and deceptive conduct – on-line advertising – where advertisers sought to promote their goods or services by means of sponsored links on search results pages – significance of "keyword insertion" when used to generate headline which replicated terms of search query – where headline of sponsored link replicated third party's business name, trade mark or website address – whether advertiser made representations of association or affiliation – whether advertiser represented that information regarding a competitor could be found by selecting the advertiser's web address TRADE PRACTICES – misleading and deceptive conduct – on-line advertising – where advertisers sought to promote their goods or services by means of sponsored links on search results pages – where sponsored links conveyed misleading and deceptive representations – whether search engine provider had a defence under s 85(3) of the Trade Practices Act 1974 (Cth)

Legislation: Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 (Cth) ss 52 and 85(3)