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ARTICLE · 09 FEBRUARY 2013

Googlicious! The ACCC cops a High Court smackdown

You know those annoying sponsored links that appear every time you search for something on Google?

AustraliaConsumer Protection

You know those annoying sponsored links that appear every time you search for something on Google? What about them? Well, these sponsored links have been the subject of a five year argument between the ACCC and Google.

It all began when someone typed 'Harvey World Travel' into Google. A sponsored link popped up which, when clicked, led that person to the website of STA Travel. Now, STA Travel isn't the only advertiser to have bought AdWords containing the name of its competitor. It's been quite a common trick employed by some businesses to attract traffic. Is it annoying? Yep. Is it misleading and illegal? Yep, just not by Google. But the ACCC had thought otherwise...

Yesterday, the High Court unanimously overturned a decision of the Full Federal Court while stating emphatically that Google doesn't engage in misleading conduct by displaying sponsored links containing misleading representations created by advertisers. If this sounds familiar, it's because these laws

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