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ARTICLE · 22 APRIL 2009

All That Glitters… :False Or Misleading Representations As To Price

Continuing the theme of misleading jewellery prices, Carrerabenz Diamond Industries’ business was the buying and selling of diamonds and other items of jewellery.

AustraliaAntitrust/Competition Law

ACCC v Carrerabenz Diamond Industries Pty Ltd [2008] FCA 1103

  • Further challenges from "was/now" and a large number of charges.

Continuing the theme of misleading jewellery prices, Carrerabenz Diamond Industries' business was the buying and selling of diamonds and other items of jewellery. After purchasing an item of jewellery, it adopted a practice whereby on one side of a price tag a staff member would write two prices, one in red ink which was then immediately crossed out, with a lower price being written underneath it in black ink.

It placed newspaper advertisements advertising diamond sales which described jewellery with a "usual mark.price" and a "crazy price". The ACCC alleged that the advertisements would led a reasonable person to believe that the diamond had previously been offered for sale to the general public at a "usual mark.price" and was now being offered for sale for a limited period at a substantially lower "crazy price". Further, a

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