Australian Competition and Consumer Commission v Telstra Corporation Limited [2004] FCA 1132

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Telstra Corporation Limited [2004] FCA 1132

Trade Practices Act 1974, ss 52, 53(e), 80

Australian Competition and Consumer Commission v Telstra Corporation Limited [2004] FCA 987 related AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TELSTRA CORPORATION LIMITED (ACN 051 775 556) N 1039 OF 2003 GYLES J 19 AUGUST 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1039 OF 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: TELSTRA CORPORATION LIMITED (ACN 051 775 556)

RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 19 AUGUST 2004

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. The respondent (Telstra) contravened s 52 and s 53(e) of the Trade Practices Act 1974 (the Act) by representing, in advertisements using pictures of mobile telephone handsets and the symbols '$0*':

(a) in a brochure distributed in June 2003 in Australia; and (b) in The Daily Telegraph newspaper published on 4 July 2003 in Australia, that Telstra was offering to supply specified bundles of goods and services (including the pictured mobile telephone handsets) at the same price as the price at which Telstra was offering to supply the same bundles of goods and services excluding the handsets when, in fact, the bundles of goods and services excluding the handsets were being offered by Telstra for lower prices and with lesser early termination charges (in the event of early termination).

2. Telstra contravened s 52 of the Act by representing, in advertisements using pictures of mobile telephone handsets and the symbols '$0*':

(a) in a brochure distributed in June 2003 in Australia; and (b) in The Daily Telegraph newspaper published on 4 July 2003 in Australia, that a customer could acquire from Telstra pictured mobile telephone handsets as part of specified bundles of goods and services at no extra cost compared to the cost to the customer of acquiring the same bundles of goods and services excluding the handsets when, in fact, the bundles of goods and services excluding the handsets could be acquired from Telstra at a lower cost to the customer and with lesser early termination charges (in the event of early termination).