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Judge sends Epic’s competition dispute with Apple to California
Competition & Consumer Protection 2021-04-09 11:44 pm By Cat Fredenburgh

A judge has found that a clause in Apple’s agreement with developers requires that Fortnite game developer Epic Games litigate a closely watched competition lawsuit against the tech giant on its home turf. 

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FE Sports to pay $350,000 penalty for ‘serious’ resale price maintenance
Competition & Consumer Protection 2021-03-24 9:01 pm By Miklos Bolza

Brisbane-based sporting goods wholesaler FE Sports has been fined $350,000 for engaging in resale price maintenance that prohibited dealers from advertising certain products for less than the recommended retail price.

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Fuji Xerox loses bid to throw out ACCC’s case over small biz contracts
Competition & Consumer Protection 2021-03-04 7:18 pm By Cindy Cameronne

A judge has refused to summarily dismiss proceedings brought by the ACCC against office supply company Fuji Xerox over allegedly unfair contracts with small businesses.

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Judge ‘not following’ government’s argument backing coal expansion in climate class action
Energy & Natural Resources 2021-03-03 6:23 pm By Spencer Fowler Steen

The Federal Government has argued a class action against the expansion of a northern NSW mine has “conspicuously failed” to show that the emissions would contribute to “catastrophic harm”, but a judge has questioned the Commonwealth’s contention that other countries would be responsible for the emissions.

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Apple doesn’t have to produce info on Australian users in Epic Games competition case
Competition & Consumer Protection 2021-03-03 2:28 pm By Christine Caulfield

Tech giant Apple will not be forced to hand over documents about Australian users to Epic Games ahead of argument on Apple’s application to shut down the game maker’s competition case, a judge has ruled, likening Epic’s imprecise notice to produce to the “cheerful pastime of drift netting”.

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Judge questions whether novel PFAS class action should go to Full Court
Class Actions 2021-02-12 3:16 pm By Spencer Fowler Steen

A judge has raised the possibility of referring a class action against the Morrison government for allegedly contaminating Indigenous land with toxic firefighting foam to the Full Federal Court due to novel questions the case raises about whether damages can be recovered for cultural loss.

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ACCC secures $83.5M in fines over vehicle shipping cartel
Competition & Consumer Protection 2021-02-04 10:43 pm By Cat Fredenburgh

Norwegian shipping company Wallenius Wilhlmsen Ocean has been fined $24 million for conspiring to fix the rates charged for shipping vehicles to Australia, bringing the total fines won by the ACCC over the shipping cartel to $83.5 million.

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Apple to seek stay of Epic Games competition lawsuit
Competition & Consumer Protection 2020-12-08 11:16 am By Cat Fredenburgh

Apple wants to stay a competition lawsuit brought by video game developer Epic Games in Australia, claiming a clause in its developer contract requires any dispute between them to be heard in a California court.

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Norwegian shipper pleads guilty to cartel charge, says fine should be $20M
Competition & Consumer Protection 2020-06-18 5:02 pm By Alison Eveleigh

Norway-based shipping company Wallenius Wilhlmsen Ocean AS has pleaded guilty to one charge of criminal cartel conduct, but told a court the penalty should be discounted from the maximum by over 50 per cent.

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Full Court to hear Cigno challenge to ASIC ban on short-term credit lending
Appeals 2020-05-20 12:07 pm By Cat Fredenburgh

Cigno has appealed a ruling shooting down its challenge to the first action brought by ASIC under its powers to prohibit ‘predatory’ financial products, which targeted the payday lender’s model of short-term credit lending.

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