CONSUMER PROTECTION – LAW AND LEGISLATION – AUSTRALIA

Qantas, ACCC agree on $120m penalty for ghost flights

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Original article by Robyn Ironside
The Australian – Page: 15 & 19 : 9-Oct-24

The Federal Court has approved a settlement between Qantas and the Australian Competition & Consumer Commission regarding the former’s "ghost flight" scandal. Qantas has agreed to pay a $100m fine and pay affected customers a total of $20m in compensation for selling tickets for flights that had already been cancelled during the pandemic. The ACCC was represented by Chris Caleo KC, who argued that complying with consumer law must be a priority for Qantas, given that it is the nation’s largest airline and carries millions of passengers each year.

CORPORATES
QANTAS AIRWAYS LIMITED – ASX QAN, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA

Google faces court case over misled users

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Original article by David Swan, Elias Visontay
The Australian – Page: 1 & 6 : 30-Oct-19

The Australian Competition & Consumer Commission has launched legal action against digital giant Google for misleading users of Android smartphones with regard to the amount of data it collects and how the data would be used. Amongst other things, the ACCC contends that Google failed to inform consumers that it would continue to receive location data from their smartphones if they switched off the ‘location history’ option. Google faces potential fines of up to $10m or 10 per cent of its annual turnover if the alleged breaches of Australian consumer law are proven in the Federal Court.

CORPORATES
GOOGLE INCORPORATED, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA

ACCC has no power to break up AGL

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Original article by Ben Potter
The Australian Financial Review – Page: 10 : 24-May-18

AGL Energy’s market power has come under scrutiny in the wake of its refusal to back down on plans to shut down the Liddell coal-fired power station in 2022. However, former Australian Competition & Consumer Commission chairman Allan Fels says neither the competition regulator or the federal government have the power to force a company to sell assets or take action to reduce its market share. Fels says there may be a case for adding divestiture powers to section 46 of the Competition and Consumer Act, although the Harper review in 2015 rejected this in favour of an "effects test".

CORPORATES
AGL ENERGY LIMITED – ASX AGL, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, ORIGIN ENERGY ASSET MANAGEMENT LIMITED, ENGIE SA, ENERGYAUSTRALIA PTY LTD, AUSTRALIA. DEPT OF THE ENVIRONMENT AND ENERGY, DELOITTE ACCESS ECONOMICS PTY LTD

Woolies sued over payments

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Original article by Sue Mitchell, Sarah Danckert
The Australian Financial Review – Page: 3 : 11-Dec-15

The Australian Competition & Consumer Commission (ACCC) has commenced legal proceedings against Woolworths, accusing the retailer of unconscionable conduct. The ACCC alleges that Woolworths contravened Australian consumer law when it demanded more than $A60 million in extra payments from suppliers in late 2014. The matter will be heard in the Federal Court.

CORPORATES
WOOLWORTHS LIMITED – ASX WOW, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA, COLES GROUP LIMITED

InvoCare fined over ‘misled’ families

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Original article by Beau Donelly
The Sydney Morning Herald – Page: 10 : 18-Nov-14

The Australian Competition & Consumer Commission has secured a court-enforceable undertaking as well as compensation payments for affected customers from InvoCare. The listed company owns the White Lady, Guardian Funerals and Le Pine funeral services chains, and had been accused of forcing clients to buy memorial plaques directly from InvoCare rather than being allowed to supply their own. In fact a relevant clause had only been added to the contracts after 2011. InvoCare conceded that it likely contravened Australian Consumer Law, and a penalty of $A102,000 has been imposed

CORPORATES
INVOCARE LIMITED – ASX IVC, WHITE LADY FUNERALS, LE PINE FUNERAL SERVICES, GUARDIAN FUNERALS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Concern over alternative breast screen treatments

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Original article by Amy Corderoy
The Sydney Morning Herald – Page: 15 : 4-Sep-14

A new study published in the "Medical Journal of Australia", by Adelaide University researcher Linda Mundy and others, warns of women being misled by unscientific breast cancer screening services. They use methods such as digital infrared thermal imaging, electrical impedance scanning or electronic palpation imaging that are not backed by evidence. The Cancer Council Australia notes that two such providers in Perth have been cited in a Federal Court action brought by the Australian Competition & Consumer Commission, with penalties still to be handed down

CORPORATES
CANCER COUNCIL OF AUSTRALIA, UNIVERSITY OF ADELAIDE, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Virgin, Jetstar to face joint action

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Original article by Anthony Klan
The Australian – Page: 19 : 7-Aug-14

The Australian Competition & Consumer Commission recently launched Federal Court action against Jetstar Airlines and Virgin Australia over allegedly misleading practices. It is being claimed that the carriers’ online booking web sites hide additional fees and charges when they advertise fares for flights. The ACCC’s legal team has now agreed with a suggestion by the judge to combine the two actions into a single one

CORPORATES
VIRGIN AUSTRALIA HOLDINGS LIMITED – ASX VAH, QANTAS AIRWAYS LIMITED – ASX QAN, JETSTAR AIRLINES PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA, WOOLWORTHS LIMITED – ASX WOW, COLES GROUP LIMITED, WESFARMERS LIMITED – ASX WES

ACCC hits airlines over hidden fees

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Original article by Lucille Keen
The Australian Financial Review – Page: 8 : 20-Jun-14

The Australian Competition & Consumer Commission has launched legal action against Virgin Australia and Jetstar Airlines. The corporate regulator alleges that the airlines use inadequate disclosure of fares when passengers book tickets online. It states in court documents that the practice of "price dripping", which involves the incremental disclosure of fees and charges, is detrimental to the interests of consumers

CORPORATES
VIRGIN AUSTRALIA HOLDINGS LIMITED – ASX VAH, QANTAS AIRWAYS LIMITED – ASX QAN, JETSTAR AIRLINES PTY LTD, PAYPAL INCORPORATED, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION