“The competition watchdog is seeking a $2.25 million fine against Apple for selling its new iPad as ‘Wi-Fi + 4G’ when the device did not work on any existing Australian 4G networks,” Lucy Battersby reports for The Age.
“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,” Battersby reports. “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. ‘What conceivable damage might there be?’ he said. ‘This is a case of absence of loss … whatever the level of sales, there cannot be loss because anybody concerned about it could reverse the acquisition.'”
“Mr Archibald argued that the $2.25 million fine should be reduced because of the absence of any loss to consumers,” Battersby reports. “Apple agreed to provide Justice Bromberg with confidential information about its financial position and the number of devices sold to allow him to judge whether the proposed penalty was appropriate.”
Read more in the full article here.
Apple changes name of ‘iPad WiFi + 4G’ to ‘iPad WiFi + Cellular’ in many countries – May 12, 2012
Apple seeks to redefine Australia’s 3G networks as ’4G’ – April 19, 2012
Apple and Australian watchdog mediation over iPad ’4G’ fails – April 16, 2012
Apple updates Australian store to further clarify 4G abilities of new iPad – March 30, 2012
Sweden looking into complaints over Apple marketing iPad as ’4G’ (incompatible networks in Sweden) – March 29, 2012
Apple offers full refunds, corrective signs over ’4G’ iPads in Australia – March 28, 2012
Australian watchdog to seek orders against Apple for alleged ‘misleading’ iPad 4G claims – March 27, 2012