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A computer company advertised computers in the newspapers and in this way sold them directly to the public. It maintained no shopfront and did not...
36. A computer company advertised computers in the newspapers and in this way sold them directly to the public. It maintained no shopfront and did not sell through any distributors. It advertised computers in the daily newspapers, but neglected to state that a delivery charge of $99 had to be paid. What sort of remedies is the court likely to order, and by what mechanism do these remedies apply to conduct of the type addressed in s18 of the ACL?
This exercise is based on the case Australian Competition & Consumer Commission v Dell Computer Pty Limited [2002] FCAFC 434, also referred to by the ACCC in its publication Court orders Dell to publish corrective advertisements, 4 July 2002 http://www.accc.gov.au/content/index.phtml/itemId/88118. In 10 that case the court found a breach of the previous version of s18 of the ACL and ordered injunctions against such advertising in the future and ordered corrective advertising, and the costs of the ACCC.