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ARTICLE · 08 MAY 2012

ACCC v TPG – A Further Warning To Telecommunications Service Providers

The ACCC again demonstrated that the telecommunications industry is a particular target for its enforcement activities.

AustraliaAntitrust/Competition Law

On 26 April 2012, the Australian Competition and Consumer Commission (ACCC) once again demonstrated that the telecommunications industry remains a particular target for its enforcement activities, by issuing TPG Internet Pty Ltd (TPG) with two infringement notices totalling $13,200 for misleading advertising.

As stated in the ACCC's news release: "The ACCC has repeatedly put the telecommunications industry on notice that it will not tolerate misleading advertising, and is concerned that consumers are regularly still not offered transparent and clear information about the price, terms and conditions for their services."

The takeaway for telecommunications service providers is to be aware that fine print will not "cure" misleading advertising: all relevant conditions to a service package should be clear up front. If not, the infringement notice is proving a popular remedy in the ACCC's arsenal.

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