Kickem Ltd. (Kickem) is a well-known company which manufactures soccer balls with a reputation for making a quality product. A competitor, Roundball Ltd. (Roundball) also manufactures soccer balls. Roundball produces a television advertisement which compares their product with those of other manufacturers. The advertisement states that Roundball uses superior leather and binding to other manufacturers and the balls they make produce a much faster game because of its superior product.
Kickem has discovered that in fact, Roundball uses the part of a hide which is not as durableas that used by Kickem and wears out much faster. They consider Roundball’s product to beinferior to theirs and want to take action against Roundball under the Competition and Consumer Act 2010 (Cth).
Using the Competition and Consumer Act 2010 (Cth) and relevant cases, discuss whether Kickem could take action under this Act and whether they are likely to be successful.