June 23, 2022

The Full Court of the Federal Court of Australia has upheld the Federal Court’s finding that viagogo AG contravened numerous sections of the Australian Consumer Law.

The appeal (amongst other things) considered whether viagogo engaged in misleading or deceptive conduct based on misrepresentations contained on its webpage.

On appeal, viagogo contended that the primary judge erred in applying well-established misleading or deceptive conduct principles to the facts in issue. Ultimately, the Full Court disagreed with viagogo and upheld the $7 million penalty imposed upon it for contraventions of the ACL.

The Full Court’s decision in viagogo AG v ACCC [2022] FCAFC 87 is available here.

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