Judge asks ACCC to revise its Google case

The Federal Court has asked for more clarification from the ACCC regarding its case against Google and the Trading Post

Australian Federal Court judge, James Allsop, this week ordered the Australian Competition and Consumer Commission (ACCC) to go away and revise its case against The Trading Post and Google, claiming it didn't make sense.

Justice Allsop asked Australia's consumer watchdog to better clarify the allegations of misleading and deceptive conduct it brought against the Trading Post and various Google companies in July.

The ACCC had alleged that Google failed to adequately distinguish paid sponsored links from regular or 'organic' search results, and is therefore engaging in misleading and deceptive conduct.

However, Justice Allsop was not convinced that the ACCC's case held water.

Media reports quoted Allsop as saying that the court documents presented by the ACCC were "opaque" and "somewhat repetitious."

He cited a lack of clear and concise explanation of Internet and search engine concepts as another hurdle the ACCC must overcome before the matter resumes in early October.

Allsop said that a plaintiff's inability to succinctly explain their claims often reflects an erroneous proposition.

Google's counsel are also arguing that the case should not involve foreign subsidiaries of Google as fall outside of Australian jurisdiction.

Google Australia only comment on the matter was a statement which read: "From the outset, we have stated said this case is wrongly based and we're now making our arguments to the Court. Our focus is on delivering relevant information to Australian users and helping Australian businesses enjoy the benefits of search marketing."

Justice Allsop asked the ACCC to offer a revised summary of its claims against each of the defendants, and adjourned the case until October 4.

Join the PC World newsletter!

Error: Please check your email address.

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Andrew Hendry

Computerworld
Show Comments

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?