Appeal of Google decision planned

13 October 2011

The Australian Competition and Consumer Commission (ACCC) has filed an appeal against the decision by Justice Nicholas of the Federal Court regarding certain advertisements on Google's website reports Partner Andrew Nicholson.

Federal Court decision 

Justice Nicholas found that although a number of the advertisements were misleading or deceptive, Google had not made those representations. It merely communicated representations made by the advertiser and, therefore, had not breached the Trade Practices Act.

In its Media Release, the ACCC explains that the appeal to the Full Federal Court is in respect of four advertisements. The ACCC advises that it considers that the Full Court may find that Google made the representations in question and find Google directly responsible for the publication.

Further, the ACCC takes the view that Google's key word insertion system, plus the role of Google staff, were fundamental to the representations being made. 

The ACCC refers to estimates that online search advertising in Australia through search engines such as Google, which is the dominant search engine provider and player in the Australian market, is currently worth around $830 million per annum. 

Chairman Rod Sims notes that the law in this area needs to be clarified and fully understood. 

For more information, please contact:

Andrew Nicholson | Partner
Mullins Lawyers
t +61 7 3224 0261 
f +61 7 3224 0333 
anicholson@mullinslaw.com.au