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Apple denies app store monopoly, says blocking Fortnite didn’t harm Epic Games’ business
Competition & Consumer Protection 2021-11-30 11:04 pm By Cat Fredenburgh

Apple has rejected claims that it misused its market power by pulling Epic Games’ popular Fortnite game from its App Store and says the move did not affect the game developer’s business because most of its revenue comes from other platforms.

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Franchisee lawsuit accuses Quest of ‘unfair’ termination tactics
Hospitality 2021-11-15 8:10 pm By Bianca Hrovat

Quest Serviced Apartments is using unfair tactics to unlawfully terminate franchise agreements, according to a lawsuit by a franchisee that is fighting to keep its doors open after COVID-19 restrictions forced closures across the country.

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High Court shoots down Volkswagen’s challenge to landmark $125M dieselgate penalty
Competition & Consumer Protection 2021-11-12 12:31 pm By Miklos Bolza

The High Court has rejected Volkswagen’s special leave application to challenge a record $125 million penalty for selling cars with a defeat device that allowed them to cheat on emissions tests.

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ASIC hits Griffin Coal with criminal charges over financial reports
Energy & Natural Resources 2021-11-12 8:53 pm By Cindy Cameronne

The Australian Securities and Investments Commission has hit beleaguered mining firm Griffin Coal with criminal charges over its alleged failure to lodge annual financial reports for 2019 and 2020.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Insurance 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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High Court won’t hear J&J’s appeal in pelvic mesh class action
Class Actions 2021-11-05 3:11 pm By Cat Fredenburgh

Johnson & Johnson unit Ethicon will now be on the hook for damages to 11,000 women implanted with defective pelvic mesh devices, after the High Court declined to hear its appeal of a ruling that found it failed to adequately warn about the devices’ risks.

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Epic’s evidence in clash with Apple could be first in competition case
Competition & Consumer Protection 2021-11-04 1:19 pm By Bianca Hrovat

Epic Game’s plan to lead econometric evidence in its dispute with Apple could be the first time such evidence has been led in a competition case in Australia, a judge has said, as he warned that the companies’ “unlimited resources and enthusiasm for victory” should not bog the case down.

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a2 Milk loses trade mark fight against Mead Johnson Nutrition
Intellectual Property 2021-11-02 4:44 pm By Bianca Hrovat

The a2 Milk Company is paying the price for its descriptive trade name, unsuccessfully opposing registration of a trademark for Reckitt Benckiser subsidiary’s milk-based product, AII.

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Barrister who repped execs in long-running ASIC case appointed Federal Court judge
People In The News 2021-11-01 3:47 pm By Miklos Bolza

A silk and former Clayton Utz litigation partner who represented the directors of failed telco OneTel in a nearly decade-long ASIC case that ended in a defeat for the corporate regulator has been appointed a judge on the Federal Court.

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CBA seeks leniency as judge grapples with first criminal case of its kind
Financial Services 2021-10-29 5:31 pm By Miklos Bolza

A fine imposed against the Commonwealth Bank for false and misleading representations to customers should reflect offences that were “well below the midpoint” of seriousness, counsel for the bank has told a judge overseeing the first criminal case of its kind.  

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