Recent Cases

viagogo AG v Australian Competition and Consumer Commission [2022] FCAFC 87 (18 May 2022) (Yates, Abraham and Cheeseman JJ)


Catchwords:


CONSUMER LAW – misleading or deceptive conduct – contravention of ss 18, 29(1) and/or 34 of the Australian Consumer Law – part price representations in contravention of s 48(1) of the Australian Consumer Law – where appellant contended that primary judge erred in finding three of four representations were conveyed – Held: appeal dismissed.

CONSUMER LAW – PECUNIARY PENALTIES – where primary judge imposed an aggregate pecuniary penalty in the total sum of $7 million – whether pecuniary penalty manifestly excessive – whether primary judge erred in assessment of specific and general deterrence by placing undue weight on revenue instead of profit – whether primary judge erred in respect of application of the parity principle – whether primary judge erred in approach to calculating loss to consumers – Held: appeal dismissed.