find the latest legal job
Senior Associate - Competition, Policy & Regulatory
Category: Other | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Work with a well regarded Partner · Sydney CBD
View details
Commercial Litigation Senior Associate
Category: Litigation and Dispute Resolution | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Lawyers Weekly Australia Partner of the Year 2016, Insolvency
View details
MULTIPLEX Regional Legal Counsel (Vic) | 7 to 10 years + PQE
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Career defining in-house role · Tier One international contractor
View details
Junior Lawyer - Personal Injury Law
Category: Personal Injury Law | Location: Parramatta & Western Suburbs Sydney NSW
· Highly specialized practice · Challenging role with great opportunities
View details
IR Advisor/Member Advocate
Category: Industrial Relations and Employment Law | Location: St Leonards NSW 2065
· Permanent (0.8-1.0 FTE) role in a developing team
View details
Google wins ACCC court battle

Google wins ACCC court battle

Gilbert + Tobin has successfully acted for Google in a case brought by the Australian Competition and Consumer Commission (ACCC), which alleged that it ran misleading advertisements.The Federal…

Gilbert + Tobin has successfully acted for Google in a case brought by the Australian Competition and Consumer Commission (ACCC), which alleged that it ran misleading advertisements.

The Federal Court handed down its decision on 22 September in Google's favour, unanimously dismissing all the ACCC's claims.

The case alleged that Google had engaged in misleading or deceptive conduct by failing to sufficiently distinguish advertisements from 'organic' search results.

Litigation partners Colleen Platford and Andrew Floro led a team of lawyers representing Google, including Graeme Edgerton, Simon Burnett, Kate Meikle and Matt Mackenzie. They instructed senior counsel Tony Bannon of Sydney's Tenth Floor Chambers.

Corrs Chambers Westgarth partner Richard Flitcroft represented the ACCC and instructed senior counsel Christine Adamson of Banco Chambers in Sydney.

Justice Nicholas found that the use of the word 'advertisement', rather than 'sponsored links', might reduce user confusion, but held that Google's presentation of search results did not breach the Trade Practices Act as most users could appreciate that 'sponsored links' were in fact advertisements.

Since the ACCC instituted the proceedings, Google has changed the description of its advertisements from 'sponsored links' to 'ads' on its search results page. The internet giant's lawyers are reportedly still examining the judgment and said that Google's guiding principle is that advertising should be "relevant and useful".

ACCC chairman Rod Sims said in a statement that the case was important for clarifying advertising practices in the internet age.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Google wins ACCC court battle
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Handshake
Sep 20 2017
Silk picked to monitor national security laws
Dr James Renwick SC has been appointed as Independent National Security Legislation Monitor after se...
Two businessman, growth
Sep 19 2017
Aus catching up on international arbitration front
Australia is starting to see a spike in international arbitration with this set to continue over the...
Prison
Sep 19 2017
Manson family killer suffered ‘miscarriage of justice’: former lawyer
A retired Australian barrister has published a book on the Manson Family murders of 1969 and called ...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...