Declan Roche

A key issue in the ACCC’s price-fixing case against Downer EDI’s Spotless and Ventia is likely to focus on whether the facilities services companies were in competition, a court has heard. 

Mitsubishi says an investigation into the fuel consumption of its Triton cars is protected by litigation privilege and should not be handed over to a class action.

A court has foreshadowed a fight between two competing class actions against Google over alleged abuse of market dominance in digital advertising.

A competition class action against Stanwell and CS Energy has been tossed, with a judge finding the power companies’ conduct was legitimate “profit maximisation behaviour”. 

Nuix had information in January 2021 which undermined the growth story presented to the market in the prospectus for its IPO, a court has heard on the first day of ASIC’s case against the tech company and a handful of former directors.

As it readies its civil penalty suit against tech company Nuix for trial, ASIC has flagged a possible dispute about the extent of penalty privilege pleaded by a handful of former and current directors named in the case.

Telstra and TPG will not challenge a decision by the Australian Competition Tribunal to uphold the ACCC’s rejection of their proposed regional network sharing agreement.

Telstra and TPG have lost their challenge to the ACCC’s decision refusing authorisation for a $1.8 billion regional network sharing agreement, with the Australian Competition Tribunal finding the deal would increase Telstra’s dominance in the mobile phone market. 

Telstra and TPG have asked the Competition Tribunal to undo the ACCC’s rejection of their proposed regional network sharing agreement, but fellow telco Optus has warned the deal would kneecap its ability to compete.

The ACCC’s rejection of a regional network arrangement between Telstra and TPG was “confusing” and the telecos might be free to vary the transaction, says a judge who is overseeing a challenge to the competition regulator’s decision.