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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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Kogan misled customers with tax promotion, court finds
Competition & Consumer Protection 2020-07-17 12:45 pm By Miklos Bolza

The Australian Competition and Consumer Commission has succeeded in its case against Kogan, with a judge finding statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Funder’s average rate of return a factor in approving class action commission, judge says
Class Actions 2020-07-10 8:50 pm By Christine Caulfield

A litigation funder’s average rate of return on its investment in shareholder class actions was one of a number of factors weighed by a judge in approving a 25 per cent funding cut from the $42 million settlement in a class action against dairy cooperative Murray Goulburn.

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Mark Elliott’s bank records sought in Banksia class action fee dispute
Class Actions 2020-06-30 4:17 pm By Alison Eveleigh

A contradictor investigating alleged professional misconduct on the part of the legal team and funder behind a class action against failed Banksia Securities will subpoena the bank records of deceased class action lawyer and funder Mark Elliott and associated companies. Meanwhile, the barrister for the lead applicant has returned her brief on the eve of trial, on the advice of the bar ethics committee.

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Ken Talbot’s widow denied separate privilege trial in negligence case against Arnold Bloch Leibler
Business of Law 2020-06-24 8:34 pm By Alison Eveleigh

The widow of mining billionaire Ken Talbot has been denied a separate trial to answer questions of privilege in her negligence lawsuit against law firms Arnold Bloch Leibler and Boyd Legal for their handling of her late husband’s estate, which she claims resulted in tens of millions of dollars in losses.

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‘A significant inequality of arms’: Funding led to better outcome in PFAS class action, judge says
Class Actions 2020-06-09 3:00 pm By Alison Eveleigh

The judge overseeing three class actions against the Commonwealth over its use of allegedly toxic firefighting foam, which have settled for $212.5 million, said backing by a litigation funder led to a better outcome for group members, who would otherwise have been in the disadvantaged position of “supplicants requesting compensation”.

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