High Court of Australia

Google Inc v Australian Competition and Consumer Commission [2013] HCA 1

249 CLR 435; 87 ALJR 235; 294 ALR 404

6 Feb 2013

Case Number: S175/2012


French CJ, Hayne, Heydon, Crennan, Kiefel JJ


Trade 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).

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