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Mastercard can’t appeal ACCC’s ‘novel’ use of judicial notice rule
Competition & Consumer Protection 2024-10-17 11:31 pm By Andy Sidler

The court has rejected Mastercard’s bid to appeal an evidentiary win for the ACCC in the regulator’s misuse of market power case against the payments giant.

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Captain Cook, ACCC to mediate after failed High Court appeal
Competition & Consumer Protection 2024-09-23 11:23 pm By Andy Sidler

Captain Cook College and its COO will attempt to reach an agreement on penalty with the ACCC after the High Court knocked back their appeal of a systemic unconscionable conduct finding.

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Mastercard takes swipe at use of Reserve Bank statistics in ACCC’s case
Competition & Consumer Protection 2024-09-17 11:28 pm By Christine Caulfield

Mastercard is fighting an evidentiary win for the competition watchdog in a case alleging the payments giant misused its market power in deals with major retailers.

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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

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Delta Building appeals $1.5M fine in National Gallery bid rigging case
Appeals 2024-07-04 12:07 pm By Cat Fredenburgh

Industrial technology company Delta Building Automation has appealed a $1.5 million penalty for attempting to rig a bid for construction work on the National Gallery of Australia, a penalty five times the amount it claimed it should face.

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‘Contrary to commercial reality’: Google takes aim at Epic Games’ competition case
Trials 2024-07-02 11:47 pm By Sam Matthews

Google has slammed Fortnite game maker Epic Games’ landmark competition case against it as “contrary to commercial reality”, saying its competition with rival tech giant Apple means it is no monopolist.

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Apple decries Epic Games’ attempted ‘freeriding’ in competition case over lucrative app stores
Trials 2024-06-28 11:48 pm By Sam Matthews

In a landmark competition case, Apple has told the Federal Court that Epic Games and other developers should not be allowed to “freeride” on the resources and user base the tech giant has “spent many billions” to develop. 

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Google attacked for ‘untruthful evidence’, failure to call top execs in Epic Games trial
Trials 2024-06-25 11:55 pm By Sam Matthews

Epic Games has taken aim at Google for the “untruthful evidence” of its witnesses in the game maker’s competition case against the tech giant, as well as its failure to call senior executives to the stand to defend itself. 

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No docs, no Tim Cook: Epic Games assails Apple’s ‘contrived’ defence in trial’s closing arguments
Trials 2024-06-24 11:11 pm By Sam Matthews

Video game maker Epic Games has attacked as “entirely contrived” the defence by Apple in closing submissions in a Federal Court trial of its landmark competition case, pointing to the tech giant’s lack of evidence, including from CEO Tim Cook.

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Judge penalises National Gallery contractor $1.5M in ACCC bid-rigging case
Competition & Consumer Protection 2024-06-04 11:22 pm By Andy Sidler

Industrial technology company Delta Building Automation has been hit with a $1.5 million penalty after it was found liable for attempting to rig a bid for construction work on the National Gallery of Australia, a penalty five times the sum it asked the court to impose.

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