Corporate and M&A

Contact: Tony Stumm, Partner; Carter Newell (Queensland, Australia) 

The ramifications of the Australian Competition and Consumer Commission (ACCC) v Valve Corporation (No 3) [2016] FCA 196 (Valve case) are best remembered as exposing operators of foreign based websites to the Competition and Consumer Act 2010 (Cth) (Act) where internet sales are made to Australians. In the Valve case, Valve Corporation was pursued by the ACCC for misleading and deceptive conduct for representing to Australian customers that they were not entitled to refunds where defective video games were purchased. The ACCC was able to prove that the Act was enforceable against Valve Corporation because the conduct of the Valve Corporation was considered to have arisen in Australia, hence triggering Australian jurisdiction.

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