Google Inc Case Analysis

Satisfactory Essays
CLAW 1001-Case analysis Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 (6 February 2013) A. Introduction Google Inc v Australian Competition and Consumer Commission (ACCC) [2013] HCA 1 (Google Inc) refers to the s18 of Australian Consumer Law (ACL), previously as with the s52 of Trade Practice Act 1974 (Cth). This paper will examine the High Court 's judgment in determine whether or not displaying the sponsored links and organic research result contravene the law. Moreover, it will also address the effects of High Court's decision for future similar cases in order to infer the commercial significance, and the implications of for the company, advertisers and consumers. B. Relative Facts and Issue of this case The appellant (Google) search engine published organic search results and sponsored links, which are advertisements created by advertisers and formed by Adwords program, on users result page in response to users search request. The respondent (ACCC) claimed that by publishing those kinds of website 's address, Google is engage in conduct, which involved with misleading and deceptive. (Google Inc at [1] ) Issues which arising from this case are: 1. Whether the "ordinary" or "reasonable" members of that class would be misled or likely to be misled by Google 's representations. 2. Whether the users of Google engaged in conduct that give rise to the pleaded representations and any significance should be placed on the choice of medium. 3. Whether merely publishing or displaying sponsored links is adoption or endorsement of the misleading representations. In other words, whether Google made the alleged representations. 4. Whether Google is liable for the advertisements placed by its advertisin... ... middle of paper ... ...ases. For the future plaintiffs and defendants, the High Court could apply this case as an authority for search engine based on the unlikely situation of later cases. Further, on the perspective of a advertisers, they could use different ways to propagate themselves but they should due diligent to undertake the truth of their describes, although the most of them are puffery and exaggeration. On the other hand, Consumers should clearly make in mind about what they actually want and then try to free from misleading and deceptive conduct. E. Conclusion In the case of Google Inc, reveals the unpredictability of many cases whether breach the Australian Consumer Law. The case was central in the difference consumer experience and point of view to each advertisement arising with various media. Overall, the users of Google shall bear the consequence of their own actions.
Get Access