ACCC releases a list of compliance and enforcement priorities
for each year (see our article titled 'ACCC: Compliance and
Enforcement Priorities 2016'). One of the central and
continuing focus areas is the protection of consumers and small
businesses. Below are three key cases that deal with this focus
area and that fall under Schedule 2 (Australian Consumer Law) of
the Competition and Consumer Act 2010 (Cth)
('ACL').
ACCC v Valve Corporation (No 3) [2016] FCA 196
Valve is a US company that operates online computer game
distribution program, Steam. Valve sells digitally downloadable
computer games through Stream but it has no physical retail stores
in Australia.
The Federal Court held that Valve had made misleading
representations about Australian consumer guarantees in its terms
and conditions. It was held that Valve 'carried on business in
Australia' since Valve had established game servers in
Australia with subscribers and made representations to
