Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v Trivago N.V. (No 2) [2022] FCA 417 File number: VID 1034 of 2018
Judgment of: MOSHINSKY J
Date of judgment: 22 April 2022
Catchwords: CONSUMER LAW – pecuniary penalties – where the respondent conducted an online search and price comparison platform for travel accommodation – where the respondent's television advertisements stated that the respondent made it easy "to find the ideal hotel for the best price" – where the website presented prices from a number of different online booking sites for a particular hotel – where one price was presented in green, in a large font with space around it (the Top Position Offer) – where the Top Position Offer was in many cases not the cheapest price – where the respondent was found to have contravened ss 29(1)(i) and 34 of the Australian Consumer Law – consideration of appropriate penalty for purposes of specific and general deterrence
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18, 29, 34, 224 Trade Practices Act 1974 (Cth)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 Australian Competition and Consumer Commission v AGL South Australia Pty Ltd (2015) 146 ALD 385; [2015] FCA 399 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v Cement Australia Pty Ltd (2017) 258 FCR 312 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2015) 327 ALR 540 Australian Competition and Consumer Commission v Energy Australia Pty Ltd (2014) 234 FCR 343 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 (No 2) [2016] FCA 698 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Competition and Consumer Commission v Woolworths Limited [2016] ATPR ¶42-251; [2016] FCA 44 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Trade Practices Commission v CSR Ltd [1991] ATPR ¶41-076; [1990] FCA 762
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate