Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Apple Pty Limited [2012] FCA 646 Citation: Australian Competition and Consumer Commission v Apple Pty Limited [2012] FCA 646
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v APPLE PTY LIMITED (ACN 002 510 054) and APPLE INC
File number: VID 271 of 2012
Judge: BROMBERG J
Date of judgment: 21 June 2012
Catchwords: TRADE PRACTICES – Australian Consumer Law s 33 – conduct liable to mislead the public as to a characteristic of a good – misleading representation as to compatibility – Australian Consumer Law s 224 – imposition of pecuniary penalty – agreed penalty – relevant considerations in assessing whether agreed penalty is appropriate.
Legislation: Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth) ss 33, 224(1), 224(2), 224(3)
Cases cited: Australian Competition and Consumer Commission v Harvey Norman Holdings Limited [2011] FCA 1407 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (No 2) [2012] FCA 629 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] FCA 761 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20 Australian Competition and Consumer Commission v SMS Global Pty Ltd [2011] FCA 855 Australian Competition and Consumer Commission v Gourmet Goody's Family Restaurant Pty Ltd [2010] FCA 1216 Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (No 2) (2002) 190 ALR 169 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 Ponzio v B&P Caelli Constructions Pty Ltd (2007) 158 FCR 543 Hills v Sutton [2007] FCA 2033 Wells v Locarno Management Pty Ltd [2008] FCA 1034 Alfred v Construction, Forestry, Mining and Energy Union [2011] FCA 556 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2012] FCA 189 Fair Work Ombudsman v Tiger Telco Pty Ltd (in liq) [2012] FCA 479 Australian Competition and Consumer Commission v Rural Press Ltd [2001] FCA 1065 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 3) (2005) 215 ALR 301 Australian Competition and Consumer Commission v Telstra Corporation Ltd (2010) 188 FCR 238
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