Possible Supplying Goods Services Relation

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Possible Supplying Goods Services Relation

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Discuss About The Possible Supplying Goods Services Relation?

Answer:
Introducation

The statutory provisions that ACCC alleged TPG’s contravened were sections 53(e), 52, 53C and 53(g) of the TPA. It was alleged also that it contravened sections 18, 29(2)(i) and 29(1) of the schedule 2 under the CCA (Australian Commercial Law). Section 18 talks about misleading or deceptive conduct. accounting example:
s18(1) states that a person must not in business engage in conduct that is misleading or is likely to mislead or deceive (com, 2010).
Section 29(1) says that a person must not, in a trade or in relation to the supplying or possible supplying goods and services or in relation to promotion by any means of supply or use goods and services:

Make a false representation that goods are of certain quality, standard, value, composition, grade, or style have had a specific previous use; or
Make a misleading representation that services are of a specific quality, standard, grade or value; or
Make a misleading or false presentation that goods are new.

What the ACCC said about the advertisement that contravened the provisions were:

That the advertisements were misguiding and deceiving business the difference between the noticeable ADSL2+service offered by TPG’s at favorable price and the less noticeable terms meeting the requirements of the offer (Corones, 2014).
That some of the advertisements breached section 53C(1)(c) the Trade Practice Act 1974 9Cth), which is also referred as the TPA. ACCC claimed that TPG’s failed to clearly specify a single price for the package of the services they offer (Corones, 2014).

References
Australiancontractlaw.com. (2010). Australian business Law | Julie Clarke. [online] Available at: https://www.australiancontractlaw.com/legislation/cthacl.html
Corones, S. (2014). Australian Competition and Consumer Commission V TPG Internet Pty LTD; * Forrest V Australian Securities and Investments Commission** Misleading Conduct Arising From Public Statements: Establishing The Knowledge Base Of The Target Audience. Melbourne University Law management, 38(1), 281-315.

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