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Port of Newcastle can charge Glencore higher access fees, High Court rules
Competition & Consumer Protection 2021-12-08 6:57 pm By Miklos Bolza

The Port of Newcastle has largely won its High Court fight with mining giant Glencore over access fees and will now be able to set a higher price for use of the port’s facilities.

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High Court shuns Apple’s last shot at shipping Epic Games dispute to US
Appeals 2021-12-02 2:26 pm By Cat Fredenburgh

Apple has reached the end of the line in its attempts to move a competition dispute with Fortnite game maker Epic Games to California, with the High Court denying the tech company’s special leave application to appeal a judgment that found there were “strong reasons” for keeping the matter in Australia.

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Cosmetics brand Mecca wins contract spat with Hourglass over COVID-19 closures
COVID-19 2021-12-02 4:23 pm By Miklos Bolza

Australian beauty and skincare retailer Mecca has triumphed in a lawsuit brought against US makeup brand Hourglass, which tried to terminate an exclusive distribution agreement because of the COVID-19 pandemic.

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Mazda’s customer service ‘appalling’ and misleading, but not unconscionable, judge finds
Competition & Consumer Protection 2021-11-30 4:11 pm By Christine Caulfield

Mazda’s treatment of customers with defective vehicles was “appalling” and its statements about their entitlement to a refund were false or misleading, a judge has found in a partial win for the ACCC.

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Apple denies app store monopoly, says blocking Fortnite didn’t harm Epic Games’ business
Competition & Consumer Protection 2021-11-30 11:04 pm By Cat Fredenburgh

Apple has rejected claims that it misused its market power by pulling Epic Games’ popular Fortnite game from its App Store and says the move did not affect the game developer’s business because most of its revenue comes from other platforms.

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Lawyers, funder want 35% cut of $125M Crown class action settlement
Class Actions 2021-11-24 1:26 pm By Miklos Bolza

The lawyers and funder behind a shareholder class action against Crown Resorts will be asking the court to approve fees and commission worth 35 per cent of a $125 million settlement with the gaming giant, leaving over $81 million for group members.

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Judge questions why fees, commission missing from Crown settlement notice
Class Actions 2021-11-23 12:03 pm By Miklos Bolza

A judge has directed that the legal fees and funding commission sought to be deducted from a $125 million class action settlement with Crown Resorts be included in a proposed notice to shareholders, after learning that group members were forced to click through to Maurice Blackburn’s website to find the “critical” figures.

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Honda can’t dodge discovery for potential lawsuit by dealers
Competition & Consumer Protection 2021-11-22 4:36 pm By Bianca Hrovat

Honda Motors has failed to strike out or permanently stay a proceeding seeking discovery for a possible lawsuit over the Japanese car maker’s decision to abandon its Australian dealership model, with a judge rejecting Honda’s argument that the preliminary discovery application didn’t meet the requirements for service abroad.

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Epic’s evidence in clash with Apple could be first in competition case
Competition & Consumer Protection 2021-11-04 1:19 pm By Bianca Hrovat

Epic Game’s plan to lead econometric evidence in its dispute with Apple could be the first time such evidence has been led in a competition case in Australia, a judge has said, as he warned that the companies’ “unlimited resources and enthusiasm for victory” should not bog the case down.

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Crown pays $125M to settle class action over Chinese gambling disclosures
Class Actions 2021-10-29 9:30 am By Christine Caulfield

Crown Resorts has reached a $125 million settlement in a shareholder class action, avoiding a six-week trial scheduled to begin on Monday.

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