Title

Delivery fee not included: What constitutes "price" in cyberspace?

Date of this Version

June 2003

Document Type

Journal Article

Publication Details

Millen, Damien (2003) Delivery fee not included: What constitutes "price" in cyberspace? ACCC v Dell Computers Pty Ltd [2002] ATPR 41-878. Trade Practices Law Journal, Volume 11, No 2, June 2003, 11 TPLJ 98, 3pp.

Copyright © Thomson Legal & Regulatory Limited, 2003.

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Abstract

Introduction

The Federal Court's decision in Australian Competition and Consumer Commission (ACCC) v Dell Computers Pty Ltd [2002] ATPR 41-878 (Dell) highlights the court's approach to what constitutes the "price" of goods advertised, when a compulsory delivery charge is levied. Difficulties can arise when there is no retail presence and goods need to be sent to the end customer. In the case of a company engaging in e-commerce or telephone sales, is a compulsory delivery charge a "fee for a service" or "part of the consideration" for the purchase of goods?

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