Australian Competition and Consumer Commission v GM Holden Ltd (ACN 006 893 232) [2008] FCA 1428

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v GM Holden Ltd (ACN 006 893 232) [2008] FCA 1428

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v GM HOLDEN LTD (ACN 006 893 232)

WAD 16 of 2008

SIOPIS J

18 september 2008

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 16 of 2008

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: GM HOLDEN LTD (ACN 006 893 232)

Respondent

JUDGE: SIOPIS J DATE OF ORDER: 18 september 2008

WHERE MADE: PERTH

Upon the Court noting the Undertaking given by the Respondent to the Applicant pursuant to s 87B of the Trade Practices Act 1974 (Cth) (the Act) BY CONSENT THE COURT ORDERS THAT: 1. It is declared that the Respondent: (a) by causing advertisements (Advertisements) to be published in: (i) Good Weekend magazine (Sydney Morning Herald edition) on 28 July 2007 and 11 August 2007; (ii) Good Weekend magazine (The Age edition) on 28 July 2007; (iii) Wish magazine on 3 August 2007; (iv) Australian magazine on 28 July 2007; (v) The Bulletin magazine on 26 July 2007; (vi) Qantas magazine in September 2007; (vii) The Sydney Morning Herald newspaper on 27 July 2007 and 10 August 2007; (viii) The Age newspaper on 27 July 2007; (ix) The Courier Mail newspaper on 28 July 2007; (x) The Adelaide Advertiser newspaper on 28 July 2007; and (xi) The West Australian newspaper on 28 July 2007, (b) which contained representations in relation to the Respondent's range of new, demonstrator and approved pre‑owned Saab motor vehicles (Motor Vehicle in the Saab Range) that: (i) the Respondent had taken measures so that carbon dioxide emissions from any Motor Vehicle in the Saab Range would be neutral, over the life of that motor vehicle; and (ii) in the first year following the purchase of any Motor Vehicle in the Saab Range, the Respondent would plant 17 native trees on behalf of the purchaser of that motor vehicle (Tree Planting) which would offset the carbon dioxide emissions for the life of that motor vehicle, when: (iii) the carbon dioxide emissions from any Motor Vehicle in the Saab Range would not be neutral, over the life of that motor vehicle; and (iv) the Tree Planting would not provide a carbon dioxide offset for more than a single year's operation of any Motor Vehicle in the Saab Range, (c) has in trade or commerce engaged in conduct that was likely to mislead or deceive in contravention of section 52 of the Act and represented that Motor Vehicles in the Saab Range had performance characteristics or benefits that they did not have in contravention of section 53(c) of the Act. 2. The Respondent pay the Applicant's costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA