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Apple says Epic Games case should be stayed in light of ‘imminent’ US judgment
Competition & Consumer Protection 2021-08-20 3:50 pm By Cat Fredenburgh

Apple has told a judge a high-stakes competition lawsuit by Fornite game maker Epic Games should be temporarily stayed in light of a special leave application lodged with the High Court and an ‘imminent’ judgment from a US court.

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A2 Milk takes trade mark battle over Nestle’s NAN A2 to Federal Court
Intellectual Property 2021-08-19 1:42 pm By Christine Caulfield

New-Zealand dairy company a2 Milk is challenging a win for Nestle over the Swiss food and drink giant’s NAN A2 trade mark for infant formula, a mark IP Australia found was not deceptively similar to a2’s logo.

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Hancock Prospecting avoids $3M discovery hit
Energy & Natural Resources 2021-08-18 4:21 pm By Miklos Bolza

Gina Rinehart’s Hancock Prospecting has avoided a discovery order that would cost an estimated $3 million to comply with, with a judge instead ordering that limited discovery be given to two Rinehart children in an ongoing family dispute over titles for the Hope Down iron ore mine.

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Use of CBA app for notice of $7M penalty in ASIC case not appropriate, judge says
Financial Services 2021-08-16 2:50 pm By Christine Caulfield

A judge has refused to order Commonwealth Bank of Australia to publish notice of a $7 million penalty in a case brought by ASIC on its mobile app, but the bank will have to alert customers to its misconduct on its website and online newsroom.

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Judge finds Phoenix Institute treated vulnerable customers with ‘callous indifference’
Competition & Consumer Protection 2021-08-13 4:26 pm By Miklos Bolza

A judge has found collapsed education provider Phoenix Institute acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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Oaktree unit must join Marlin’s shareholders to $135M breach of warranty case
Corporate 2021-08-11 6:34 pm By Cindy Cameronne

A unit of Oaktree Capital Management has been ordered to join all former shareholders of consumer brand wholesaler Marlin Brands as defendants in a case over the investment giant’s $200 million acquisition of the company that alleges fraud or wilful deceit on the part of the sellers.

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Apple asks High Court to undo ‘radical’ Epic Games decision
High Court 2021-08-10 3:10 pm By Cat Fredenburgh

The Full Federal Court took a “radical” and unorthodox approach with far-reaching consequences by keeping Apple’s competition dispute with Fortnite game maker Epic Games in Australia, the Silicon Valley giant has told the High Court.

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COVID-19 delays judgment in ACCC’s long-running case against private college Phoenix
Competition & Consumer Protection 2021-08-06 3:37 pm By Miklos Bolza

Sydney’s ongoing COVID-19 lockdown has created “logistical” difficulties delaying the release of a long awaited judgment in the ACCC’s consumer law case against collapsed private college Phoenix Institute, which was accused of misleading students through the marketing of its courses.

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Bristol-Myers Squibb denies claims in Merck Sharp & Dohme’s misuse of market power case
Competition & Consumer Protection 2021-08-06 3:06 pm By Miklos Bolza

Pharmaceutical giant Bristol-Myers Squibb will fight a case brought by Merck Sharp & Dohme alleging misuse of market power over stage IV melanoma treatments, telling the Federal Court on Friday it denied its rival’s claims.

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Rex hires Clayton Utz as it weighs legal options against Qantas
Competition & Consumer Protection 2021-08-03 12:58 pm By Christine Caulfield

Regional Express has engaged Big Six firm Clayton Utz to investigate potential court action against rival airline Qantas for alleged anticompetitive conduct.

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