Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Airbnb Ireland UC [2023] FCA 1633 File number(s): VID 311 of 2022
Judgment of: MCELWAINE J
Date of judgment: 20 December 2023
Catchwords: CONSUMER LAW – Where accommodation prices for Australian properties were displayed to some Australian consumers without clear indication that the price was in USD – conduct affecting approximately 63,000 consumers and approximately 77,000 accommodation bookings – where some consumers who raised complaints were wrongly told they had selected USD as their currency – where respondents have admitted to breaches of ss 18 and 29 of the Australian Consumer Law and cooperated with the ACCC – joint submission accepted and agreed pecuniary penalty of $15 million imposed – compliance program ordered – undertaking entered into
Legislation: Federal Court of Australia Act 1976 (Cth) ss 21, 37AG Competition and Consumer Act 2010 (Cth) s 87B, Sch 2, Australian Consumer law, ss 18, 29, 224, 246
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 Construction, Forestry, Mining and Energy Union [2018] HCA 3; 262 CLR 157 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Competition and Consumer Commission v AGL Sales Pty Ltd [2013] FCA 1030 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v Sontax Australia (1988) Pty Ltd [2011] FCA 1202 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; 262 FCR 243 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5; 96 ALJR 234 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; 287 ALR 249 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076
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