Australian Competition and Consumer Commission v Honda Australia Pty Ltd [2023] FCA 1602

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Honda Australia Pty Ltd [2023] FCA 1602 File number: VID 190 of 2022

Judgment of: MOSHINSKY J

Date of judgment: 15 December 2023

Catchwords: CONSUMER LAW – misleading or deceptive conduct – where the respondent (Honda) sold Honda-branded motor vehicles and parts in Australia – where Honda undertook a business restructure to change from a franchise dealer model to an agency dealer model – where some dealers were not offered the opportunity to participate as agents under the new model (exiting dealers) – where three exiting dealers operated independent service centres following termination – where Honda sent email and text messages to customers of the three dealers in connection with the servicing of their vehicles – where the ACCC alleged, and Honda admitted, that the messages represented that the dealers: (a) would close or had closed; and (b) would no longer service, or were no longer servicing, Honda vehicles – where the ACCC alleged and Honda admitted that the representations were misleading and thereby contravened ss 18 and 29(1)(j) of the Australian Consumer Law – where the ACCC alleged, and Honda admitted, that certain statements made by call centre staff were also misleading in contravention of the statutory provisions – whether certain other communications were misleading – pecuniary penalty – determination of appropriate penalty

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

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; 254 FCR 68 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Competition and Consumer Commission v AGL South Australia Pty Ltd [2015] FCA 399; 146 ALD 385 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 [2014] FCA 634; 317 ALR 73 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 Online Dealz Pty Ltd [2016] FCA 732; [2016] ATPR ¶42-524 Australian Competition and Consumer Commission v Optus Internet Pty Ltd [2022] FCA 1397 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; 250 CLR 640 Australian Competition and Consumer Commission v Woolworths Limited [2016] FCA 44; [2016] ATPR ¶42-521 Australian Securities and Investments Commission v Wooldridge [2019] FCAFC 172 Comité Interprofessionnel Du Vin De Champagne v Powell [2015] FCA 1110; 330 ALR 67 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Fabre v Arenales (1992) 27 NSWLR 437 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 Google Inc v Australian Competition and Consumer Commission [2013] HCA 1; 249 CLR 435 Jones v Dunkel [1959] HCA 8; 101 CLR 298 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; 71 FCR 285 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; 149 CLR 191 Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8; 408 ALR 195 Trade Practices Commission v CSR Ltd [1990] FCA 762; [1991] ATPR ¶41-076