country
$20 Bonus + 25% OFF
Securing Higher Grades Costing Your Pocket? Book Your Assignment at The Lowest Price Now!

Australian Competition And Consumer Commission Appellant And TPG Internet Pty. Ltd.

tag 68 Downloads6 Pages 1,307 Words tag Add in library Click this icon and make it bookmark in your library to refer it later. GOT IT

Question:

Describe about the Australian Competition and Consumer Commission Appellant and TPG Internet Pty. Ltd.?
 
 

Answer:

Australian Competition and Consumer Commission Appellant and TPG Internet Pty. Ltd. Respondent; [2013] HCA 54The nature of TPG’s advertising that caused ACCC to commence the proceedings.
 

The Respondent here is the TPG Internet Pty Ltd ("TPG") which has been involved in the campaign regarding multimedia advertising. During the advertising campaign the company initially made an offer to the customers to give them an attractive price for the ADSL2+ service that they were providing. This service was primarily related to the use of the home telephone connection of the customer and likewise gives them a broadband service and also they promised to not charge for any download data limit. ( para 2)

  • The advertiseme9nt board made a prominent display of the offer with more focus on the scheme of the company to provide an internet ADSL2+ service at the cost of $29.99 per month. (para 1)

  • However, the advertisement in a more ambiguous and less prominent manner displayed that the offer was valid only when it is bundled with the home telephone connection for $30.00 per month that will be provided by TPG. (para 2)

  • The offer further states that the customers are required to give a deposit of $20.00 for the telephone charges and pay setup fee of $129.95
  • This advertisement by TPG was considered to contravene the Australian Consumer laws. (para 3)

The Statutory Provisions contravened by the company

There are quite a few statutory provisions that is said to have been breached by the TPG Company.

  • The company is said to contravene section 52 of the Trade Practices Act 1974 that provides that with regard to trade or commerce no company shall engage in misleading or deceptive conduct. (para 9)

  • The company has further contravened Section 53 of the Trade Practices Act 1974 that provides that no corporation shall make any false representation relating to the price of goods or any conditions or warrantee or guarantee. (para 10)

The findings of the Primary Judge

  • Regarding the bundling condition the primary judge opined that the given condition in the advertisement should have been more clear and prominent to remove the deception. (para 23)

  • He also stated that since the target audience was the first time users it was likely that they would rely on the dominant part of the advertisement and fall prey to the deception. (para 19)

  • Regarding the set up fees the primary judge said the advertisements were not specified regarding the extra fees of the service. (para 26)

  • For the single price the judge stated that according to section 53C (1) (c) of the TPA, the price was not clear. (para 28)

The differences in principle between the approach of the Full Court and the approach of the primary judge

  • The Full Court judgment was quite different from the primary judge’s decision. Contrary to the previous decision the Full Court held a different view for the dominant message in the advertisement. (para 30)

  • The Court stated that the conduct which is under scrutiny has a lot of words and in accordance to their opinion it is wrong to select only some of the words and neglect the rest as they too give meaning to the prominent words. (para 35)

  • Further the Court disagreed with the approach of the primary judge and opined that they were not misleading advertisements because by perfunctorily viewing the bundling conditions cannot be ignored. The Court also held that any ordinary prudent person would know that the services that have been offered would come as a package or bundle. (para 44)

The High Court’s opinion of the approach taken by the Full Court

  • According to the High Court, the decision of the Full Court was wrong in holding the judgment of the primary court wrong. The High Court states that the dominant message is extremely crucial in this case. (para 52)

  • According to the High Court the opinion of the CJ Gibbs in the case of Puxu as has been stated by the Full Court is not crucial and is surely cannot be properly applied to the conditions in the present case.

  • The High Court opined that the Full Court was wrong in not appreciating the advertisement tendency being neutralized by attributing the knowledge of the court regarding the target audience about the ADSL2+ services that was offered in bundle. (para 47)

Puxu was not a proper precedent to apply to the TPG advertising according to the High Court

  • The case of Puxu was regarding the deceptive conduct depending on the sale of goods by the appellant which was indistinguishable from the ones sold by respondent. (para 46)

  • The High Court refused to accept this precedent primarily because the target audiences were not the potential purchasers who focused on the subject matter of the purchase. (para 46)

  • Additionally, the High Court also stated that the Full Court did not recognize the advertisement tendency was misleading when they asked about bringing in negotiation with TPG instead of one of the competitors relying on the general trust of the message. (para 48)

  • The High Court also stated that primary issue in the case was not the tendency of the deception of the advertisements of the company as a result of the disposition of the target audience since that is not dependant on the conduct of the company in order to closely follow the advertisement wordings. (para 51)
 

The approach of the High Court regarding the dominant message

Regarding the dominant message the High Court opined that the main issue here was whether the fine print of the advertisement was sufficient to dismiss the question of dominant message that had been conveyed in the headline. Alternatively, the High Court opined that this question was associated with the probable customers of the internet services.

The most important question as stated by the High Court was that whether the probable customers who were reading the advertisement with a clear mind would generally get an impression that the advertisement was separate broadband internet service for a separate price of $29.99 per month.

The assumed level of knowledge in TPG’s target audience

  • Regarding the assumed level of knowledge related to the target audience the opinion of the High Court was the same as the approach given by the primary judge.

  • The High Court opined that the users of ADSL2+ had more knowledge regarding the services of the TPG internet company than the ADSL1+ since they were knew to the services. (para 53)

  • Additionally, the assumed level of knowledge also did not imply that the prudent or ordinary customer will have similar amount of knowledge. (para 53)

According to the High Court is intention essential for the advertising to be misleading

  • With respect to the intention of the company to mislead or deceive the opinion of the High Court was that this intention to mislead will not be considered as an integral part of the contravention charges against the company. In the given case there has been no implications regarding that. (para 58)

  • However, the High Court does state there can be no two ways relating to the fact that the company will have the intention for creating a false impression in the minds of the potential consumers with respect to the attractiveness of the offer. (para 58)

Advise based on the understanding of the High Court ruling

After detailed understanding of the ruling of the High Court in this case, the probable advice that I would give to the internet provider about launching an advertising campaign would be that all the clauses relating to the services of the internet company should be prominent and there should be no bias relating to the important and less important clauses. Additionally there should be no hidden costs and all offers and payment information needs to be given equal weight age.

 

Reference

Australian Competition and Consumer Commission Appellant and TPG Internet Pty. Ltd. Respondent [2013]HCA 54.

OR

Cite This Work

To export a reference to this article please select a referencing stye below:

My Assignment Help. (2016). Australian Competition And Consumer Commission Appellant And TPG Internet Pty. Ltd. . Retrieved from https://myassignmenthelp.com/free-samples/australian-competition-and-consumer-commission-appellant-and-tpg-internet-pty-ltd.

"Australian Competition And Consumer Commission Appellant And TPG Internet Pty. Ltd. ." My Assignment Help, 2016, https://myassignmenthelp.com/free-samples/australian-competition-and-consumer-commission-appellant-and-tpg-internet-pty-ltd.

My Assignment Help (2016) Australian Competition And Consumer Commission Appellant And TPG Internet Pty. Ltd. [Online]. Available from: https://myassignmenthelp.com/free-samples/australian-competition-and-consumer-commission-appellant-and-tpg-internet-pty-ltd
[Accessed 19 February 2020].

My Assignment Help. 'Australian Competition And Consumer Commission Appellant And TPG Internet Pty. Ltd. ' (My Assignment Help, 2016) <https://myassignmenthelp.com/free-samples/australian-competition-and-consumer-commission-appellant-and-tpg-internet-pty-ltd> accessed 19 February 2020.

My Assignment Help. Australian Competition And Consumer Commission Appellant And TPG Internet Pty. Ltd. [Internet]. My Assignment Help. 2016 [cited 19 February 2020]. Available from: https://myassignmenthelp.com/free-samples/australian-competition-and-consumer-commission-appellant-and-tpg-internet-pty-ltd.


MyAssignmenthelp.com delivers assignment help to millions of students of USA. We have in-house teams of assignment writers who are experts on wide ranges of subjects. We have appointed teams of native writers who provide assignment help to students in New York City and all over the USA. They are skilled assignment writers who successfully cater to search terms like do my assignment in the USA

Latest Management Samples

EST202-Introduction To Science Technology And Society Studies

Download : 0 | Pages : 9
  • Course Code: EST202
  • University: Stony Brook University
  • Country: United States

Answer Essay Plan Introduction Background: This essay debates on the current and the historical state of bilingual languages on the whole but particularly talks about the aboriginal languages which are becoming extinct in Australia now days. Purpose and thesis statement: The purpose of this essay is to know about these languages, the state of the languages in Australia and the ways to retain them for the upcoming generations. Main Body...

Read More arrow

BUS8404 Consumer Behavior For Depth Market Research

Download : 0 | Pages : 6

Answer: Literature review  Yes, the use of different source articles are utilized in order to gather information regarding the NZ context concerning the baby food products. The evaluation of the depth market research helps in understanding the desired requirements of the customer regarding the products. According to Gioia, Sobell, Sobell, & Agrawal, (2016), Understanding of the effective target market is crucial as it helps in evalua...

Read More arrow

IKC101-Indigenous Australian Culture And Histories

Download : 0 | Pages : 8
  • Course Code: IKC101
  • University: Charles Sturt University
  • Country: Australia

Answer: The indigenous or the aboriginal people in Australia are the original inhabitants of the land who have faced oppression, discrimination and humiliation for decades by the colonists. Before the year 1788, approximately 700 languages were spoken throughout Australia which hosted only the indigenous people with a population of 7,50,000. The country used to be a land of diverse cultures. The aboriginal Australians constitute to 3% of the t...

Read More arrow

ACC303 Contemporary Issues In Accounting For Conceptual Framework

Download : 0 | Pages : 8
  • Course Code: ACC303
  • University: Kings Own Institute
  • Country: Australia

Answer: Introduction In general, the concepts associated to the conceptual framework is identified with several factors which are used by the businesses for financial reporting. The main aspects of the conceptual framework used by the business relates to the presentation of annual reports of an organization. The information provided in the conceptual framework is identified to be conducive for solving number of business problems which may be ...

Read More arrow

300725 Construction Technology For Directly Proportional To The Quality

Download : 0 | Pages : 3

Answer: 2. Estimation of the passenger demand and the sizing-check against the specification. Office floor area = (266.16m2)/12 = 22.18m2 = 23 people per floor 23× 10 = 230 total population = 230 × 8 =184 80% of the total population Sizing= 300/ 30 (number of trips in I minute)  = 10 trips Number of people per trip = 23/10 2.3 2.3 people per trip Required cost = 2.3 Required cost = 2.875 Question 2 b Handling ...

Read More arrow
Next
watch

Save Time & improve Grades

Just share your requirements and get customized solutions on time.

question
We will use e-mail only for:

arrow Communication regarding your orders

arrow To send you invoices, and other billing info

arrow To provide you with information of offers and other benefits

1,201,009

Orders

4.9/5

Overall Rating

5,061

Experts

Our Amazing Features

delivery

On Time Delivery

Our writers make sure that all orders are submitted, prior to the deadline.

work

Plagiarism Free Work

Using reliable plagiarism detection software, Turnitin.com.We only provide customized 100 percent original papers.

time

24 X 7 Live Help

Feel free to contact our assignment writing services any time via phone, email or live chat.

subject

Services For All Subjects

Our writers can provide you professional writing assistance on any subject at any level.

price

Best Price Guarantee

Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.

Our Experts

Assignment writing guide
student rating student rating student rating student rating student rating 5/5

285 Order Completed

99% Response Time

Eugene Baranowski

MBA in Supply Chain

London, United Kingdom

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

416 Order Completed

95% Response Time

Tyler Moore

MBA in Accounting

Washington, United States

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

2109 Order Completed

99% Response Time

Emma Zhong

Ph.D in Project Management with Specialization in Project Communications Management

Singapore, Singapore

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

93 Order Completed

100% Response Time

Jackson Mitchell

MiM (Masters in Management) in Supply Chain Management

New Jersey, United States

Hire Me

FREE Tools

plagiarism

Plagiarism Checker

Get all your documents checked for plagiarism or duplicacy with us.

essay

Essay Typer

Get different kinds of essays typed in minutes with clicks.

edit

GPA Calculator

Calculate your semester grades and cumulative GPa with our GPA Calculator.

referencing

Chemical Equation Balancer

Balance any chemical equation in minutes just by entering the formula.

calculator

Word Counter & Page Calculator

Calculate the number of words and number of pages of all your academic documents.

Refer Just 5 Friends to Earn More than $2000

Check your estimated earning as per your ability

1

1

1

Your Approx Earning

Live Review

Our Mission Client Satisfaction

Fast and good work done. It was up to mark and written in a good flow while following the instructions asked by me. The agent was also very helpful.

flag

User Id: 374142 - 19 Feb 2020

Australia

student rating student rating student rating student rating student rating

I AM VERY EXCITED WITH MY GRADE I GOT AN A THANK YOU VERY MUCH! I WILL recommend IT TO EVERYONE.

flag

User Id: 249413 - 19 Feb 2020

Australia

student rating student rating student rating student rating student rating

I GOT AN A I AM VERY excited, THANK YOU VERY MUCH, I REALLY appreciate YOUR HARD WORK. THANKS AGAIN.

flag

User Id: 249413 - 19 Feb 2020

Australia

student rating student rating student rating student rating student rating

Excellent JOB! I GOT AN A IN THIS assignment I AM VERY satisfied. THANK YOU VERY MUCH I appreciate YOUR HARD WORK.

flag

User Id: 249413 - 19 Feb 2020

Australia

student rating student rating student rating student rating student rating
callback request mobile
Have any Query?