Australian Competition and Consumer Commission v Google LLC (No 4) [2022] FCA 942

Federal Court of Australia

Australian Competition and Consumer Commission v Google LLC (No 4) [2022] FCA 942 File number(s): NSD 1760 of 2019

Judgment of: THAWLEY J

Date of judgment: 12 August 2022

Catchwords: CONSUMER LAW – where first respondent found to have contravened ss 18, 29 and 34 of the Australian Consumer Law (ACL) – where second respondent found to have breached the same provisions of the ACL by adopting and endorsing first respondent's conduct – where parties agreed on relief, declarations which should be made and pecuniary penalties which should be imposed – whether penalty of $60 million as agreed by the parties was an appropriate penalty – where precise number of contraventions could not be calculated – where arithmetic maximum penalty would be so disproportionately large as to make precise calculation unnecessary and unhelpful – whether appropriate to adopt "course of conduct" principle or totality principle in assessing multiple contraventions – held that penalty submitted by the parties was an appropriate penalty – declarations and orders made, including orders for various compliance measures agreed between the parties under s 246(2)(b) of the ACL

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

Cases cited: Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 96 ALJR 426 Australian Competition and Consumer Commission v Apple Pty Ltd (No 4) [2018] FCA 953 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2017] FCAFC 159; 258 FCR 312 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; 327 ALR 540 Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd [2014] FCA 336; 234 FCR 343 Australian Competition and Consumer Commission v Google LLC (No 2) [2021] FCA 367 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181, 340 ALR 25 Australian Competition and Consumer Commission v Woolworths Limited [2016] FCA 44; ATPR ¶42–521 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; 262 FCR 243 Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited (No 3) [2020] FCA 1421 Clean Energy Regulator v MT Solar Pty Ltd [2013] FCA 205 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; 269 ALR 1 Mill v The Queen [1988] HCA 70; 166 CLR 59 Parker v Australian Building and Construction Commission [2019] FCAFC 56; 270 FCR 39 Royer v Western Australia [2009] WASCA 139; 197 A Crim R 319 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; 287 ALR 249 Trade Practices Commission v CSR Ltd [1990] FCA 762; (1991) ATPR 41–076