By Dan Star QC -
Key decisions
- Australian Competition and Consumer Commission v Trivago NV
[2020] FCA 16 - Garbett v Liu [2019] FCAFC 241
- Simpson v Thorn Australia Pty Ltd trading as Radio Rentals (No 5)
[2019] FCA 2196
Consumer law
Whether misleading or deceptive conduct by online search and price comparison platform for travel accommodation
In Australian Competition and Consumer Commission v Trivago NV [2020] FCA 16 (20 January 2020) the Court held that Trivago contravened ss 18, 29 and 34 of the Australian Consumer Law (‘ACL’) by various representations that it made when Trivago conducted an online search and price comparison platform for travel accommodation. Trivago’s website presented prices from a number of different online booking sites for a particular hotel. One price was presented in green, in a large font with space around it (‘the Top Position Offer’).