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ARTICLE · 13 FEBRUARY 2017

Game over – Valve ordered to pay $3 million for consumer law breaches

Cooper Grace Ward
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Courts will examine the conduct of the respondent throughout ACCC investigations and litigation, to consider penalties.

AustraliaConsumer Protection
Charles Sweeney
Charles Sweeney
David Grace
David Grace
Gabrielle Honey
Gabrielle Honey
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In late December 2016, the Federal Court gifted Valve Corporation an unwanted Christmas present by imposing a $3 million penalty for misrepresenting consumer refund rights. The order brings an end to the ACCC's proceedings against the online gaming giant, which began in August 2014.

The litigation related to Valve's online gaming platform Steam. In March 2016 the Court found that Steam had contravened the Australian Consumer Law (ACL) by misleadingly representing that the company had no obligation to offer a refund for games downloaded through the platform and purporting to exclude statutory guarantees and warranties of acceptable quality.

Several factors were considered in imposing the $3 million penalty sought by the ACCC, notably:

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