Clayton Utz

AMP has lost its bid for soft class closure in a class action over allegedly excessive superannuation fees, with a judge finding the court should exercise “real caution” when class closure is opposed by the applicant. 

A judge has ruled that media monitor Isentia did not infringe the copyright of Sky News, despite the “wholesale copying” of content for its government clients, because its actions were done for the “services of the Commonwealth or State”.

A judge has expressed concern that a “bizarre” last-minute settlement in a long-running case against the CFMEU could damage the public perception of the FWO as a model litigant, saying it could appear that the ombudsman treated some perpetrators as “more equal” than others. 

Competition law experts have raised doubts about changes to Australia’s merger review regime announced Wednesday, calling the reforms a mixed bag for businesses and the reduced role of the Federal Court “disappointing”.

A judge has refused to redact a judgment signing off on the discontinuance of several product claims in a class action against three AMP subsidiaries after the applicant failed to gather the required evidence, saying it was not enough that the reasons “may be an embarrassment to people who commenced the proceeding”. 

Epic Games’ case alleging Google ran its Play Store anti-competitively is “significantly more ambitious” than the Fortnite game maker’s claims against Apple, according to the search giant, which says its restraints are “more flexible and less draconian” than the iPhone maker’s.

Hitting back at claims that its App Store stifles competition, Apple has told a trial that app developers have myriad ways of maximising profits without paying it a commission, noting Epic Games made US$3.8 billion from in-game currency V-Bucks in 2021.

Google has criticised two competition class actions which piggyback on claims brought by Fornite developer Epic Games as “opportunistic”, but counsel for the class actions told a court the suits on behalf of more than 15 million group members were in the public interest.

A judge overseeing a landmark competition case against Apple and Google has questioned whether Apple’s US lawyers wrongly used court submissions in Australia to put pressure on Epic Games in Europe and justify temporarily removing its developer account. 

Google offered Fortnite creator Epic Games $200 million and proposed to acquire equity in the company to prevent it from opening its own app store with exclusive content that could compete with the search giant’s Play Store, a court has heard.