Google Inc v Australian Competition and Consumer Commission

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, HEYDON, CRENNAN AND KIEFEL JJGOOGLE INC  APPELLANTANDAUSTRALIAN COMPETITION AND CONSUMER COMMISSION  RESPONDENTGoogle Inc v Australian Competition and Consumer Commission[2013] HCA 16 February 2013S175/2012ORDER1. Appeal allowed with costs. 2. Set aside the orders of the Full Court of the Federal Court of Australia made on 3 April 2012 and the orders of the Federal Court of Australia made on 4 May 2012 and, in their place, order that the appeal to the Full Court be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationA J L Bannon SC with C Dimitriadis for the appellant (instructed by Gilbert + Tobin)S T White SC with K C Morgan for the respondent (instructed by Corrs Chambers Westgarth)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGoogle Inc v Australian Competition and Consumer CommissionTrade practices – Misleading or deceptive conduct – Search engine operator displayed "sponsored links" on search results page – Sponsored links created by or at direction of advertisers – Sponsored links comprised advertising text which directed users to web sites of advertisers' choosing – Whether search engine operator engaged in misleading or deceptive conduct by publishing or displaying sponsored links which contained misleading representations made by advertisers – Whether search engine operator adopted or endorsed misleading representations.Words and phrases – "adoption", "endorsement", "intermediary", "misleading or deceptive conduct", "misleading representation".Trade Practices Act 1974 (Cth), ss 52, 85(3).FRENCH CJ, CRENNAN AND KIEFEL JJ.   The appellant, Google...