Australian Competition and Consumer Commission v iSelect Limited [2020] FCA 1523

Federal Court of Australia

Australian Competition and Consumer Commission v iSelect Limited [2020] FCA 1523 File number: VID 370 of 2019

Judgment of: MOSHINSKY J

Date of judgment: 8 October 2020

Catchwords: CONSUMER LAW – misleading or deceptive conduct – false or misleading representations – where the respondent represented to consumers visiting its website that through its comparison service it would compare all of the plans available from its partner retailers in a consumer's area and recommend the most suitable or competitive plan to the consumer – where the respondent represented to consumers that the price for an available plan was an amount lower than the price that the consumer would, or would be likely to, pay to the energy provider for the plan – where the respondent admitted liability for contraventions of the Australian Consumer Law – where the parties prepared a statement of agreed facts and admissions and jointly proposed declarations and orders including a pecuniary penalty of $8.5 million – whether proper basis to make the declarations and orders – whether proposed penalty appropriate in the circumstances – proposed declarations and orders made

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18, 29, 34, 224, 246 Trade Practices Act 1974 (Cth)

Cases cited: Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Optus Internet Pty Limited [2018] FCA 777 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 Australian Competition and Consumer Commission v STA Travel Pty Ltd [2020] FCA 723 Olesen v Eddy [2011] FCA 13