Australian Competition and Consumer Commission v Jewellery Group Pty Limited [2012] FCA 848

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Jewellery Group Pty Limited [2012] FCA 848 Citation: Australian Competition and Consumer Commission v Jewellery Group Pty Limited [2012] FCA 848

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v THE JEWELLERY GROUP PTY LIMITED

File number: SAD 57 of 2011

Judge: LANDER J

Date of judgment: 16 August 2012

Catchwords: TRADE PRACTICES – misleading and deceptive conduct – dual pricing – "strike through price" juxtaposed with "sale price" – "was price" juxtaposed with "now price" – identification of relevant audience – relevant audience comprised customers aware or partially aware of discounting practices and customers unaware of discounting practices – whether representation conveyed that consumers would save an amount being the difference between "strike through price" and "sale price" or "was price" and "now price" – whether "strike through price" or "was price" was merely a representation of historical offer prices – assessment of actual sales at or near "strike through" or "was price" prior to sale period – whether representation false – whether representation misleading or deceptive or likely to mislead or deceive

Legislation: Competition and Consumer Act 2010 (Cth) s 6A Trade Practices Act 1974 (Cth) ss 52, 53(e) Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) sch 7

Cases cited: Ascot Four Pty Ltd v Australian Competition and Consumer Commission (2009) 176 FCR 106 Astrazeneca Pty Limited v GlaxoSmithKline Australia Pty Limited [2006] FCAFC 22 Australian Competition and Consumer Commission v Ascot Four Pty Ltd (2008) 250 ALR 467 Australian Competition and Consumer Commission v Prouds Jewellers Pty Ltd (2008) 75 IPR 306 Australian Competition and Consumer Commission v Prouds Jewellers Pty Ltd [2008] FCAFC 199 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2011] FCA 1254 Briginshaw v Briginshaw (1938) 60 CLR 336 Campomar Sociedad, Limitada v Nike International Ltd (2000) 202 CLR 45 Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd (1996) ATPR 41-522 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Partridge v Crittenden [1968] 2 All ER 421 Phoenix Court Pty Ltd v Melbourne Central Pty Ltd [2007] FCA 1101 Puxu Pty Ltd v Parkdale Custom Built Furniture Pty Ltd (1980) 31 ALR 73 Spencer v Harding [1870] LR 5 CP 561 Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 Truth about Motorways Pty Ltd v Macquarie Infrastructure Investment Management Pty Ltd (1998) 42 IPR 1