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ACCC accuses potato wholesaler of ‘egregious’ contract terms
Competition & Consumer Protection 2018-06-26 4:18 pm By Miklos Bolza

The Australian Competition and Consumer Commission has brought an unprecedented court action against Australia’s largest potato wholesaler Mitolo Group, as it continues to ramp up enforcement over unfair contract terms.

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Murray Goulburn boss can’t delay mediation in ACCC case
Competition & Consumer Protection 2018-06-12 3:44 pm By Christine Caulfield

A judge has dismissed a bid by former Murray Goulburn boss Gary Helou to push off mediation in an action brought by the ACCC, ruling that the ex-executive’s trip to China was no reason to delay possible resolution of the case.

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US blesses Bayer, Monsanto deal with $US9B in divestitures
Competition & Consumer Protection 2018-05-30 5:37 pm By Cat Fredenburgh

The US Department of Justice has secured its largest ever merger divestiture, with Bayer AG agreeing to sell $US9 billion in assets to BASF to win approval of its $US66 billion Monsanto acquisition, a deal that goes far beyond what the regulator’s counterparts in Australia and the European Union required.

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TM reputation irrelevant in deceptively similar cases, court hears
Intellectual Property 2018-05-28 10:34 pm By Miklos Bolza

A trade mark’s reputation is beside the point in an infringement claim alleging deceptive similarity, the Full Federal Court heard Monday in an appeal of a case involving two of Australia’s biggest meat processing and distribution companies.

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Judge sets date for opposing bovine gene patent changes
Intellectual Property 2018-05-23 12:40 pm By Cat Fredenburgh

The judge overseeing a case brought by Meat & Livestock Australia over a bovine gene patent has given parties until July 5 to oppose changes to the patent, held by Cargill and Branhaven, after an earlier ruling invalidated the patent.Ā 

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Viterra loses third bid for Cargill talks with Allens over Joe White sale
Competition & Consumer Protection 2018-05-18 5:16 pm By Cat Fredenburgh

Viterra has failed in its third bid to access communications between Cargill Australia and its lawyers related to Cargill’s $420 million purchase of malt producer Joe White Maltings from Viterra in 2013.

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Branhaven not ready to give up in bovine gene patent battle
Intellectual Property 2018-05-04 10:37 pm By Cat Fredenburgh

BranhavenĀ will seek court approval to amend the bovine gene patent held by it and Cargill, after the Federal Court sided with a challenge by Meat & Livestock Australia and found the patent was invalid.

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ACCC calls for mandatory dairy code of conduct
Competition & Consumer Protection 2018-04-30 3:22 pm By Cat Fredenburgh

Australia’s consumer regulator has called for a mandatory code of conduct to address the power imbalances along the dairy supply chain, a move opposed by dairy processors.

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Cargill wins bid to shield docs in case over $420M Joe White Maltings sale
Corporate 2018-04-26 8:41 pm By Cat Fredenburgh

Cargill has won a discovery dispute in a case alleging fraudulent concealment by Viterra in its $420 million sale of malt producer Joe White Maltings to Cargill Australia in 2013, with a judge finding documents attached to privileged emails or emails that are part of a privileged chain are protected by legal professional privilege.

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ACCC OKs $1.3B Saputo, Murray Goulburn merger
Corporate 2018-04-04 5:17 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission gave the go-ahead Wednesday to the $1.3 billion merger of dairy giant Saputo with Australian milk co-op Murray Goulburn, after Saputo agreed to divest the Koroit dairy plant in Victoria.

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