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VW rightly hit with $125M fine after ‘starving’ judge of evidence, court told
Competition & Consumer Protection 2020-08-12 9:50 pm By Miklos Bolza

An appeals court has been urged to uphold a judge’s $125 million penalty against Volkswagen in the ACCC’s case over the car maker’s emissions cheating, with a court-appointed contradictor saying the judge was “starved” of the information he required to assess whether a $75 million agreement brokered by the consumer watchdog was reasonable.

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HealthEngine urges approval of $2.9M fine, says it didn’t know altering reviews was unlawful
Competition & Consumer Protection 2020-08-10 12:05 pm By Miklos Bolza

Health booking company HealthEngine has urged the court to accept a $2.9 million penalty for deleting and altering unfavourable reviews, telling a judge that it did not know the behaviour was against the law.

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ACCC denies acting on JPMorgan advice when sending cartel case to CDPP
Competition & Consumer Protection 2020-07-24 10:10 pm By Miklos Bolza

A senior officer from the ACCC has rejected claims that the regulator took legal advice from immunity applicant JPMorgan before launching its high profile criminal cartel case against ANZ, Citigroup and Deutsche Bank.

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ACCC accused of ‘slapdash’ decision to charge Deutsche Bank exec in ANZ cartel case
Competition & Consumer Protection 2020-07-23 6:37 pm By Miklos Bolza

A former high-ranking Deutsche Bank executive charged with involvement in an alleged cartel agreement relating to a $2.5 billion ANZ share placement claims he was dragged into the case becaused of the “incredibly slapdash” methods of the ACCC.

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ANZ accuses ACCC of ‘heavying’ cartel witnesses from JPMorgan
Competition & Consumer Protection 2020-07-22 9:15 pm By Miklos Bolza

ANZ Banking Group has slammed a decision by the ACCC to escalate concerns that one of its key cartel witnesses was not being “full and frank”, claiming this was a way to put pressure on the witness and bring his evidence into line.

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‘Not a single note’: ACCC accused of avoiding disclosure in ANZ cartel case
Competition & Consumer Protection 2020-07-21 11:18 pm By Miklos Bolza

The ACCC’s investigatory techniques have come under fire during a hearing over an alleged criminal cartel agreement between ANZ and two investment banks, with a barrister for one of the banks suggesting investigators from the regulator deliberately did not take notes during hundreds of days of witness interviews to avoid disclosure.

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JPMorgan disputed existence of cartel agreement with ANZ, court hears
Competition & Consumer Protection 2020-07-20 8:31 pm By Miklos Bolza

Despite receiving immunity in a criminal cartel case against ANZ and two other investment banks, JPMorgan has disputed the existence of any cartel agreement since the early days of the ACCC’s investigations, a court has heard.

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Seqwater appeals 50 percent damages ruling in Queensland floods class action
Appeals 2020-07-14 7:42 pm By Christine Caulfield

Dam operator Seqwater is challenging a decision that put it on the hook for 50 per cent of any damages payouts to thousands of members of a long-running class action over the 2011 floods that destroyed 2,000 Queensland homes.

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Judge slams ‘deficient’ explanation behind $2.9M penalty in ACCC, HealthEngine case
Competition & Consumer Protection 2020-06-05 2:12 pm By Miklos Bolza

A penalty hearing in the ACCC’s case against health booking company HealthEngine over misleading online reviews has been adjourned after a judge criticised the parties’ joint submissions as “deficient” for failing to explain how a proposed $2.9 million penalty had been arrived at.

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‘Harsh and draconian’: Judge shoots down bid for class closure in combustible cladding action
Class Actions 2020-06-01 8:38 pm By Miklos Bolza

A court has dismissed a “harsh and draconian” class closure order sought by German cladding manufacturer 3A Composites in a class action against it over allegedly combustible cladding.

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