Valve Corporation v Australian Competition and Consumer Commission [2017] FCAFC 224

FEDERAL COURT OF AUSTRALIA

Valve Corporation v Australian Competition and Consumer Commission [2017] FCAFC 224 Appeal from: Australian Competition and Consumer Commission v Valve Corporation (No 3) [2016] FCA 196 Australian Competition and Consumer Commission v Valve Corporation (No 7) [2016] FCA 1553 Australian Competition and Consumer Commission v Valve Corporation (No 8) [2016] FCA 1584

File number: NSD 176 of 2017

Judges: DOWSETT, MCKERRACHER AND MOSHINSKY JJ

Date of judgment: 22 December 2017

Catchwords: PRIVATE INTERNATIONAL LAW – operation of "conflict of laws" provision in s 67 of the Australian Consumer Law – whether consumer guarantees in Div 1 of Pt 3-2 of the Australian Consumer Law apply to supplies of goods or services under a contract where the objective proper law of the contract (the law with which the contract has its closest and most real connection) is the law of a country other than Australia CONSUMER LAW – misleading or deceptive conduct – false or misleading representations – where alleged contraventions based on representations made on the internet by foreign company – where company had large number of Australian customers – where statements on internet were addressed to customers – whether representations made in Australia CONSUMER LAW – meaning of "carrying on business within Australia" within s 5(1)(g) of the Competition and Consumer Act 2010 (Cth) – where foreign company had large number of customers in Australia, earned significant revenue from those customers on an ongoing basis, owned valuable personal property in Australia and incurred significant expenses on a regular basis in Australia – whether company was carrying on business in Australia