Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49.
FACTS
The case was on appeal from a single judgement of the Federal Court from September 2011, in which the Court found in favour of Google Inc. ACCC had alleged that Google Inc in providing “sponsored links” had engaged in misleading and deceptive conduct under the Trade Practices Act 1974 (Cth). Google had countered that it was merely a conduit and relied on the publishers defence in s85(3) of the same Act.
ISSUE
Of issue in this appeal was whether or not Google Inc was a mere publisher of advertisements, or did Google Inc have a more active role in the conduct as alleged.
FINDING
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