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Tireless defence by lawyers felled criminal cartel case against banks
Competition & Consumer Protection 2022-02-11 11:20 am By Cat Fredenburgh

From a lengthy committal hearing challenging the ACCC’s investigatory techniques to repeated attacks on the prosecution’s indictment, an indefatigable team of barristers and lawyers across eight law firms helped bring an end to the four-year long pursuit of criminal cartel charges against three banks and six individuals over a $2.8 billion ANZ share placement.

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Ill-fated cartel case shows ACCC should stay out of financial markets, ex-Deutsche Bank CEO says
Competition & Consumer Protection 2022-02-11 7:23 pm By Cat Fredenburgh

The CDPP’s decision to drop all criminal cartel charges against two banks and four individuals in a “test case” over a $2.5 billion ANZ share placement shows the ACCC “lacks expertise and objectivity” on the financial markets and should leave them to ASIC to regulate, according to one of the former accused.

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Charges dropped in landmark criminal cartel case over $2.5B ANZ share placement
Competition & Consumer Protection 2022-02-11 11:03 am By Cat Fredenburgh

In a stunning reversal, the Commonwealth Director of Public Prosecution has dropped all criminal cartel charges against two investment banks and four individuals in relation to a $2.5 billion ANZ share placement, four years after the charges were brought following an allegedly questionable investigation by the ACCC.

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Rio Tinto to cop penalty in ASIC case over failed $5.8B acquisition
Energy & Natural Resources 2022-02-11 11:37 pm By Cat Fredenburgh

Rio Tinto will face a penalty in proceedings brought by the Australian Securities and Investments Commission alleging the mining giant misled shareholders about the resources of a Mozambique mining company it acquired for $5.8 billion in 2011 and later offloaded for $70 million.

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Bristol-Myers Squibb to open up cancer treatment program to settle Merck Sharpe & Dohme lawsuit
Competition & Consumer Protection 2022-02-09 7:01 pm By Cat Fredenburgh

Bristol-Myers Squibb has agreed to open up its subsidised treatment program for stage IV melanoma patients to individuals who have been treated with drugs made by its competitors to settle a misuse of market power lawsuit brought by rival Merck Sharpe & Dohme.

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Citing ‘leisure wear effect’, MySuper class action seeks in-person hearing
Class Actions 2022-02-08 3:03 pm By Cat Fredenburgh

The parties in a class action accusing a Commonwealth Bank of Australia unit of breaching its superannuation trustee duties want the matter to be heard in person and are willing to foot the bill for the judge to travel to Sydney to make it happen.

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IP Australia puts kibosh on extension for Bayer’s contraceptive patent
Intellectual Property 2022-02-08 10:56 pm By Cat Fredenburgh

IP Australia has quashed an extension for a patent covering a Bayer oral contraceptive, saying the extension should have been calculated based on a drug that was included on the Australian Register of Therapeutic Goods at an earlier date.

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Law firm sues Lloyd’s syndicate over coverage for $3.7M settlement
Insurance 2022-02-07 9:07 pm By Cat Fredenburgh

One of Australia’s largest law firms has taken its insurer to court for failing to cover part of a $3.7 million settlement of a claim stemming from the sale of apartments at a $105 million South Yarra complex developed by millionaire Harry Stamoulis.

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Deloitte report on Mercedes-Benz fixed-price model was ‘spin’, court hears
Automotive 2022-02-07 1:46 pm By Cat Fredenburgh

Australian Mercedes-Benz dealers behind a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model allege the car maker engaged Deloitte as a consultant so it could “spin” its real reasons for making the change.

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Arrium shareholders in class action can’t access full KPMG audit file
Class Actions 2022-02-04 1:59 pm By Cat Fredenburgh

Shareholders in a class action against failed steel giant Arrium and KPMG have lost their bid for KPMG’s complete audit file for Arrium to probe the Big Four accounting firm’s handling of the steel producer’s financial statements before its collapse in April 2016.

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