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Judge frowns on Invisalign’s lawsuit against SmileDirectClub
Competition & Consumer Protection 2023-05-08 1:08 pm By Sam Matthews

Dental aligner maker Invisalign has lost its case accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits

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Mecca’s distribution agreement with lux cosmetics brand not unlawful, court finds
Contracts 2023-04-11 11:35 pm By Sam Matthews

Beauty giant Mecca has succeeded in fending off a luxury cosmetics brand’s appeal of a decision that found a term of an exclusive distribution agreement between them was not an unlawful restraint of trade.

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App store class action funder can’t see evidence in Epicā€™s case against Apple
Competition & Consumer Protection 2023-04-06 1:25 pm By Cindy Cameronne

The litigation funder bankrolling two competition class actions against Apple and Google has lost its bid to see evidence filed in a similar case by developer Epic Games, after concerns were raised about its potential use in overseas proceedings against Apple.

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Full Court finds ACCC misstepped by not bringing ā€˜major failuresā€™ case against Mazda
Appeals 2023-03-23 3:18 pm By Cindy Cameronne

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturerā€™s ā€˜appallingā€™ customer service, with three judges questioning the regulatorā€™s decisions in how it ran the case.

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Retail Food Group agrees to $10M settlement in ACCC case
Competition & Consumer Protection 2022-12-23 5:27 pm By Cat Fredenburgh

Retail Food Group has agreed to a settlement worth $10 million in ACCC proceedings alleging the franchise giant misled purchasers of loss-making stores about the viability of its stores.

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Law firm bows out of contest to run class actions against Apple, Google
Competition & Consumer Protection 2022-12-15 5:31 pm By Cindy Cameronne

A law firm has dropped plans to bring a second set of class actions alleging Apple and Google engaged in anti-competitive conduct in operating their app stores, but will act as an “agent” for the first-to-file firm.

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Court slaps Smile Direct Club with $3.5M penalty for misleading insurance claims
Competition & Consumer Protection 2022-11-11 6:12 am By Cat Fredenburgh

A judge has ordered Smile Direct Club and its Australian unit to pay a $3.5 million penalty and reimburse customers for misleading them into believing they would be reimbursed by their insurers for the dental care company’s costly teeth straighteners.

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NAB acted unconscionably with periodic payment fee overcharges, judge finds
Financial Services 2022-11-07 11:24 pm By Christine Caulfield

A court has found National Australia Bank engaged in unconscionable conduct in knowingly overcharging thousands of customers periodic payment fees for four years.

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Law firm gets $14.5M in fees, after judge trashes ‘distorted’ referee’s report in Woolworths class action
Class Actions 2022-10-19 3:39 pm By Sam Matthews

The law firm that secured a $44.5 million settlement in a class action against Woolworths has won its full $14.5 million in costs, with a judge tossing the report of the referee he appointed to examine the fees, which he said appeared double what they should be.

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Retail Food Group files bid to quash franchisee class action
Class Actions 2022-10-14 10:56 pm By Cat Fredenburgh

Retail Food Group has filed an application to shut down a class action by former franchisees of its Michel’s Patisserie chain who claim to have suffered losses stemming from changes to the franchise giant’s supply chain in 2015 and 2016.

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