NASDAQ reports that the Australian Competition and Consumer Commission (ACCC) told the Melbourne Federal Court this morning that Apple had agreed to pay the penalty to settle the case brought against it by the ACCC.
The commission took Apple to court on 28 March, alleging that its promotion of the ‘iPad with Wi-Fi + 4G’ was misleading in Australia. The 4G label should not be used, it told the court, because the latest iPad is not compatible with Australia’s sole 4G network, which is run by Telstra.
Apple had tried to defend its labelling by saying that the 3G networks run by Telstra, Optus and Vodafone “are 4G networks in accordance with accepted industry and regulatory use of the descriptor ’4G’”.
However, NASDAQ reports, ACCC lawyer Colin Golvan said “the term 4G when used in Australia is used exclusively to describe LTE networks and WiMax”, and added that other frequencies known as 4G in some other countries are called 3G here.
Apple has offered refunds to any customers who feel they were misled by the packaging.