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ACCC’s loss in Pfizer misuse of market power case to stand
Competition & Consumer Protection 2018-10-19 2:27 pm By Cat Fredenburgh

The High Court has dismissed the ACCC’s bid to appeal a Full Federal Court decision upholding a ruling that drug giant Pfizer did not misuse its market power in the months leading up to the expiration of the patent for its blockbuster cholesterol drug Lipitor.

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Dick Smith liquidators accuse class action firms of spamming group members
Class Actions 2018-10-18 8:09 pm By Miklos Bolza

Liquidators for Dick Smith don’t want potential group members in two class actions against the failed retailer to learn about a new registration deadline by email, saying it would amount to spam and harassment.

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Judge open to stay Westpac class action pending common fund appeal
Class Actions 2018-10-17 10:20 pm By Miklos Bolza

A federal judge has lit a fire under the law firm leading the Westpac life insurance class action, saying if it wanted to apply for a stay while the bank appeals his common fund order, it should do so “immediately”.

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Westpac appeals funding order in life insurance class action
Class Actions 2018-10-11 10:42 pm By Christine Caulfield

Westpac is challenging a judge’s order that gives the funder backing a class action over life insurance premiums a 25 percent cut of any recovery.

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Viterra must pay Cargill’s costs for ‘pointless’ High Court appeal
Appeals 2018-10-09 4:23 pm By Cat Fredenburgh

Viterra has been hit with costs for persisting with a special leave application to the High Court seeking to compel Cargill to turn over emails exchanged with its lawyers at Allens during the sale of its Joe White Maltings business, even after Cargill agreed to waive privilege and produced the documents.

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ANZ says prosecutors dragging feet in criminal cartel case
Competition & Consumer Protection 2018-10-09 1:29 pm By Miklos Bolza

The Australia and New Zealand Banking Group told the court on Tuesday that it urgently needs a statement of facts, during the first hearing in the highly anticipated criminal cartel case against three investment banks.

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Ponzi schemer’s co. to face claims in Westpac class action
Class Actions 2018-10-08 8:28 pm By Cat Fredenburgh

A Federal Court judge has allowed the plaintiffs in a class action alleging a unit of Westpac failed to detect the fraud of convicted Ponzi schemer Michael Samra to proceed with their claims against Samra’s defunct company.

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Closely watched criminal cartel case against banks gets underway
Competition & Consumer Protection 2018-10-08 12:14 pm By Cat Fredenburgh

The stakes will be high for both sides when some of the country’s top competition lawyers face off against the ACCC Tuesday in the first hearing in a closely watched criminal cartel case against three investment banks over a $2.5 billion ANZ institutional share placement.

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Merck Sharp & Dohme, Wyeth gear up for trial over vaccine patents
Intellectual Property 2018-09-28 10:43 pm By Miklos Bolza

Preparations for a December trial between Merck Sharp & Dohme Corporation and Wyeth over four patents for the pneumococcal disease vaccine are underway, and a panel of experts will feature prominently in the high-stakes hearing over the world’s best-selling vaccine.

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Westpac class action funder agrees to net commission
Class Actions 2018-09-28 4:40 pm By Cat Fredenburgh

The funder underwriting a class action against Westpac will take a 25 percent cut of the net — not gross — recovery sum to secure a judge’s approval of a common fund order in the case. 

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