The ACCC has commenced proceedings against Energy Watch, alleging misleading and deceptive conduct and false representations.
Energy Watch provides an energy price comparison service (electricity and natural gas) to residential and business consumers.
The ACCC alleges that Energy Watch made false or misleading representations through a range of media:
- that Energy Watch compares the rates of all or many of the energy retailers in the relevant geographic area of a consumer;
- as to the amount consumers have saved, and will save, by using the service provided by Energy Watch;
The ACCC sought an interlocutory injunction to restrain Energy Watch from making similar representations prior to a full hearing, as well as declarations, final injunctions, pecuniary penalties, and the implementation of a compliance program.
The matter was listed for an interlocutory hearing on 7 September 2011. In response, Energy Watch has undertaken to the Federal Court that it will not make a number of representations in any media until the proceedings are finalised or until further order of the Court