Last week it was announced that Apple will pay more than $2 million as penalty after agreeing it misled the public in Australia by selling its new iPad as 4G-compatible, according to “The Australian” (http://macte.ch/T9XuT). Apple and the Australian Competition and Consumer Commission have asked Justice Bromberg to approve the proposed fine for misleading and deceptive conduct.
However, Justice Bromberg told the parties he was unhappy with the lack of information provided to the court about Apple’s financial position, the number of iPads that had been sold using the “Wi-Fi + 4G” name and how many had been returned, and the difference between how the iPads would work on a 3G or 4G network, reports “The Age” (http://macte.ch/zPYEc).
“Surely the parties can at least put before the court some meaningful facts that identify a disparity between the products,” he said.
Alan Archibald, QC, acting for Apple, told the court it was irrelevant how many iPads had been sold or returned because Apple had offered to provide refunds, so there was no loss to customers.
The ACCC, the country’s consumer watchdog had taken Apple to court for false advertising because the tablet computer doesn’t work on Australia’s 4G network. Apple’s lawyers said they were willing to publish a clarification, but said the company didn’t mislead customers. On its website, Apple did state that 4G LTE is only supported on selected networks in the US and Canada.
