Introduction to Business Law Report

This report examines the Australian Competition and Consumer Commission (ACCC) case against TPG Internet. The ACCC alleged that TPG contravened several sections of the Trade Practices Act 1974 (TPA) and the Competition and Consumer Act 2010 (CCA), specifically those related to misleading and deceptive conduct. The report details the alleged breaches, focusing on sections 18 of the CCA (misleading or deceptive conduct) and sections 52, 53(e), 53(g), and 53C of the TPA. The ACCC argued that TPG's advertisements were misleading due to discrepancies between advertised prices and the actual terms and conditions. The report highlights the importance of clear and accurate advertising in complying with Australian consumer law. The analysis uses legal sources to support its claims and provides a comprehensive overview of the case's implications for businesses.

Running head: INTRODUCTION TO BUSINESS LAW 1
Introduction to Business Law
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The alleged Statutory Provisions
The statutory provisions that ACCC alleged TPG’s contravened were sections 53(e), 52, 53C
and 53(g) of the TPA. It was alleged also that it contravened sections 18, 29(2)(i) and 29(1) of
the schedule 2 under the CCA (Australian Commercial Law). Section 18 talks about misleading
or deceptive conduct. For example:
 s18(1) states that a person must not in business engage in conduct that is misleading or is
likely to mislead or deceive (Australiancontractlaw.com, 2010).
 Section 29(1) says that a person must not, in a trade or in relation to the supplying or
possible supplying goods and services or in relation to promotion by any means of
supply or use goods and services:
a. Make a false representation that goods are of certain quality, standard, value,
composition, grade, or style have had a specific previous use; or
b. Make a misleading representation that services are of a specific quality,
standard, grade or value; or
c. Make a misleading or false presentation that goods are new.
What ACCC said
What the ACCC said about the advertisement that contravened the provisions were:
 That the advertisements were misguiding and deceiving because the difference between
the noticeable ADSL2+service offered by TPG’s at favorable price and the less
noticeable terms meeting the requirements of the offer (Corones, 2014).

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 That some of the advertisements breached section 53C(1)(c) the Trade Practice Act 1974
9Cth), which is also referred as the TPA. ACCC claimed that TPG’s failed to clearly
specify a single price for the package of the services they offer (Corones, 2014).

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References
Australiancontractlaw.com. (2010). Australian Contract Law | Julie Clarke. [online] Available
at: https://www.australiancontractlaw.com/legislation/cthacl.html
Corones, S. (2014). Australian Competition and Consumer Commission V TPG Internet Pty
LTD; * Forrest V Australian Securities and Investments Commission** Misleading
Conduct Arising From Public Statements: Establishing The Knowledge Base Of The
Target Audience. Melbourne University Law Review, 38(1), 281-315.