Dialogue Consulting Pty Ltd v Instagram

Details

Applicant

Dialogue Consulting Pty Ltd
(represented by Phi Finney Mcdonald)

Respondents

Instagram Inc (first respondent)

Facebook Inc (second respondent)
(represented by White & Case LLP)

Facebook Ireland Limited (third respondent)
(represented by White & Case LLP)

Instagram LLC
(represented by White & Case LLP)
(on 3 May 2019 Justice Beach ordered that Instagram, LLC be ordered as fourth respondent)

File Number

VID369/2019 ➤

Filing date

11 April 2019

Registry

Victoria

Judge

Justice Beach

Hearing

Interlocutory Hearing listed for 22 October 2021

Complete

Administrative listing 23 September 2021
Administrative listing 24 December 2020
Interlocutory hearing: 23-24 July 2020 (judgment 22 December 2020: Dialogue Consulting Pty Ltd v Instagram, Inc [2020] FCA 1846)
Administrative listing: 24 April 2020
Case management hearing and interlocutory hearing: 15 April 2020
Administrative listing: 16 March 2020
Case management hearing and interlocutory hearing: 28 February 2020
Case management hearing and interlocutory hearing: 7 February 2020
Administrative listing: 30 January 2020
Interlocutory hearing: 29 January 2020-30 January 2020
Administrative listing: 19 December 2019
Case management hearing: 15 November 2019
Case management and interlocutory hearing: 17 May 2019
Administrative listing: 8 May 2019
Administrative listing: 3 May 2019
Interlocutory hearing: 15 April 2019

Claims

Misleading or deceptive conduct - unconscionable conduct - anti-competitive conduct contravening s 45 (anti-competitive agreements), s 46 (misuse of market power) and s 47 (exclusive dealing)

Relates to use of SKED Social and withdrawal of access to products (including SKED Social) - according to SMH reporting claims Facebook behaved unconscionably and denial of access will 'substantially lessen competition in the social media marketing space'.

Interlocutory proceedings

Court ordered respondents be restrained (until 5pm on 17 May 2019) from:

'(a) taking any action to terminate or to suspend the access of the Applicant, whether by itself, its officers, servants or agents (through its product, SKED Social or otherwise), to the Instagram and Facebook websites, services, platforms or networks;

(b) refusing to permit the Applicant, whether by itself, its officers, servants or agents access (through its product, SKED Social or otherwise), to the Instagram and Facebook websites, services, platforms or networks.'

Ordered Affidavit of Hugh Oliver Neason Stephens not be published or disclosed.