Australian Competition and Consumer Commission v Global One Mobile Entertainment Limited [2011] FCA 393

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Global One Mobile Entertainment Limited [2011] FCA 393 Citation: Australian Competition and Consumer Commission v Global One Mobile Entertainment Limited [2011] FCA 393

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v GLOBAL ONE MOBILE ENTERTAINMENT LIMITED ACN 090 119 430 and 6G PTY LIMITED ACN 097 080 718

File number: NSD 1388 of 2010

Judge: BENNETT J

Date of judgment: 21 April 2011

Catchwords: TRADE PRACTICES – television advertisements broadcast by mobile content services providers – Mobile Premium Services Code – double opt-in procedure – relevance of conduct of respondents following advertisements – whether representation made that consumer would receive one-off service at one-off cost when in fact consumer would receive subscription service with initial sign-up fee and ongoing subscription fees – whether contravention of ss 52, 53(aa), (c) and (e) of Trade Practices Act 1974 (Cth) TRADE PRACTICES – relief – whether to grant declaration TRADE PRACTICES – relief – whether to make pecuniary penalty order pursuant to s 76E of Trade Practices Act – size of pecuniary penalty – relevance of size of parent company where contravention by subsidiaries – relevance of economic effects of contravention – relevance of financial position of subsidiaries – relevance of subsidiaries being unable to pay pecuniary penalty

Legislation: Competition and Consumer Act 2010 (Cth) s 232 of Schedule 2 (Australian Consumer Law) Trade Practices Act 1974 (Cth) ss 52, 53(aa), 53(c), 53(e), 76E Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) ss 7(1), 7(2) of Schedule 7