Contrary to some media reports today, the Australian Competition and Consumer Commission case against Trading Post and Google Inc continues.
At today's further directions hearing of the ACCC v Trading Post and Google, court orders noted that the case against the third and fourth respondents, Google Ireland and Google Australia, would be discontinued.
The basis for this discontinuance was due to submissions made by Google Inc, the ultimate parent company of Google, that it is responsible for all representations made on www.google.com.au.
After confirming this position, the ACCC agreed that it was appropriate that proceedings against Google Ireland and Google Australia only be discontinued as any outcome against Google Inc would necessarily be put into effect in Australia.
Justice Allsop also dismissed Google's motion made at the last hearing that the ACCC's statement of claim be struck-out.
At the further directions hearing, the ACCC filed two 2-page summary documents outlining the crux of the ACCC's case against Trading Post and Google.
Justice Allsop directed that this summary be made available to the public. This is now available in an open file at the Federal Court, Sydney.
The ACCC will now file and serve amended pleadings by 25 October 2007 and the matter has been returned for further directions on 16 November 2007, at 2.30 pm.