Google wins against ACCC
In Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 (6 February 2013) the High Court overturned a decision from the Full Court of the Federal Court of Australia that Google was conveying misleading and deceptive representations in contravention of section 52 of the Trade Practices Act 1.
The Facts
The ACCC claimed that particular search results displayed by Google amounted to misleading or deceptive conduct, thereby contravening section 52 of the Trade Practices Act 1974. The Google search engine responds to users' search requests by keeping an index of billions of accessible web pages, divided into two categories. When a user 'searches' a search term, Google displays two types of search results: the 'organic results' and the 'sponsored links'.
'Organic results' link the user to web pages in order of relevance to the search terms they have entered, which is calculated by a complex mathematical formula. These 'organic results' always appear free of charge.
A 'sponsored link' is a form of...
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