Australian Competition and Consumer Commission v viagogo AG (No 3)

The Australian Competition and Consumer Commission (ACCC) brought proceedings against viagogo AG in the Federal Court of Australia, alleging that viagogo engaged in conduct that contravened the Australian Consumer Law (ACL). The Court found that viagogo had made false or misleading representations about the nature of the tickets sold and the price consumers would pay. The ACCC sought penalties, injunctions, publication orders, and compliance program orders against viagogo. The primary issue before the Court was to determine the appropriate penalty for viagogo's contravention of the ACL and whether further orders should be made against viagogo.

The Court considered the principles relevant to the imposition of a penalty, which include deterrence, both specific and general. The Court also considered the conduct of viagogo and the need to ensure that the penalty was not such that it could be regarded as an acceptable cost of doing business. The Court found that viagogo's conduct warranted a penalty of $7 million, which would serve to deter viagogo and other potential contraveners from engaging in similar conduct. The Court also found that an injunction and a compliance program were appropriate, and that viagogo should pay the ACCC's costs of the proceedings.

The Court made several orders against viagogo, including that viagogo pay a pecuniary penalty of $7 million, participate in a compliance program, and pay the ACCC's costs of the proceedings. The Court also made an injunction against viagogo, restraining it from engaging in the impugned conduct in the future. The Court rejected viagogo's opposition to the injunction and compliance program orders. The Court made these orders to ensure that viagogo complied with the ACL in the future and to promote the public interest in compliance with consumer protection laws.