Apple's 4G iPad 3 advertising and the ACCC

The ACCC is filing a claim tomorrow against Apple for Apple's advertising which claims that the iPad 3 is 4G compatible.

The ACCC release is here.

The ACCC says that the iPad 4 advertising is misleading because 'it represents to Australian consumers that the product "iPad with WiFi + 4G" can, with a SIM card, connect to a 4G mobile data network in Australia, when this is not the case.'

The ACCC will be seeking urgent interlocutory relief and final orders including injunctions, penalties, orders for corrective advertising and orders for refunds to affected persons.

Google's US antitrust hearing on 21 September 2011

On 21 September 2011 a hearing took place in the US capital before the Senate Judicial Committee's antitrust subcommittee concerning Google's market power. The hearing inquired about whether Google is abusing its market power by prioritising its own businesses ahead of its competitors' businesses when users conduct a search using the Google search engine.

I have included a discussion of Google and the antitrust hearing below.

Competition glossary

I am often mystified by the language adopted to explain competition conduct. Even when I work out what it means, I still scratch my head when I try to work out how a particular term came to describe a certain kind of conduct.

I have put together a basic glossary of these terms below with the assistance of the Competition and Consumer Act 2010 (Cth) and the summaries set out in the ACCC website. I have restricted my definition of each term to three lines or less (as read on my blog). I have hyperlinked the particular term to the appropriate explanatory webpage from the ACCC website, and I have hyperlinked the section number in brackets to the appropriate section of the consolidated Competition and Consumer Act 2010 (Cth) from AustLII.

Great law research tools

I am really enjoying the ongoing development of technology and its effect on my practice. I have recently discovered several tools which I have found useful for my practice, particularly in reducing research time and allowing me to do work on the run. These are as follows:

The daily list iPhone app - this is an app for the iPhone which provides updated daily lists and contact details for all Victorian State Courts. The app allows the user to conveniently search the lists and sort the data.

ACLC iPhone app - this is an app for the iPhone which allows the user to search for the corresponding sections of the old Trade Practices Act 1974 (Cth) and the new Competition and Consumer Act 2010 (Cth).

Legify - this is a website which allows the user to search the title and find the full updated or historical text of any authoritative version of state or federal legislation (including subordinate). It is helpful if the user knows all or part of the title of the legislation/regulation the user is looking for.

Do you have any similar apps or sites which help your practice? Let me know what they are as they might equally help mine!

Beer wars - the supplier strikes back!

I read with interest an article in the Age today about the 'Beer wars'. Fosters found out (through 'intelligence received') that Coles was preparing a brochure which advertised VB for $28 per slab, which usually wholesales for $33 per slab. This flagged for Fosters a looming price war between Coles and Woolies on Foster's beer product.

Fosters was having none of it. It didn't want its brands devalued by this ongoing war between Coles and Woolies. Fosters shut down its supply of beer and refused to deliver any of its beer to Coles and Woolies.