Tuesday 17 July 2018

ACCC v Click Energy - sub judice cart before the horse


Image result for click energy

It seems to me that the ACCC does not get the concept of sub judice comment when it commences legal proceedings.  Have a look at the recent media release re the Click Energy case filed yesterday.
The title to the media release is "ACCC takes action against Click Energy for misleading savings claims"  Note that the ACCC has left out the word "alleged" in the title to the media release. In other words, Click is not facing an "allegation" but rather has been found, at least by the ACCC, to have engaged in misleading conduct. Then there is this comment in the body of the media release -  “We believe that Click Energy’s conduct is among the worst practices we see in retail electricity marketing". Therefore, not only has the ACCC declared that Click has engaged in misleading conduct but their conduct is amongst the worst misleading conduct that the ACCC has ever seen in retail electricity marketing.   It is just a matter of time before a judge gets very annoyed about the statements which the ACCC is making in its media releases on the commencement of legal proceedings.

https://www.accc.gov.au/media-release/accc-takes-action-against-click-energy-for-misleading-savings-claims

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