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ACCC’s witness statement method ‘quite unfair’, says judge hearing cartel case
Competition & Consumer Protection 2021-11-05 9:45 pm By Christine Caulfield

The ACCC’s practice of successively refining witness statements without saving draft versions was “quite unfair”, says a judge overseeing the competition regulator’s criminal cartel case over a botched ANZ share placement.

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ACCC let JPMorgan lawyers review witness statement in cartel probe, court told
Competition & Consumer Protection 2021-11-04 10:42 pm By Christine Caulfield

Lawyers for JPMorgan went to the ACCC’s office to review a draft statement of the investment bank’s then managing director Jeffrey Herbert-Smith, an immunity witness for the competition regulator in its troubled criminal cartel case over an ANZ share placement, a court has heard.

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Judge slams indictment in cartel case as ‘complete shemozzle’
Competition & Consumer Protection 2021-11-03 3:41 pm By Miklos Bolza

A judge has declined to quash the indictment in a high-profile criminal case over a $2.5 billion ANZ share placement but sent prosecutors back to the drawing board to remedy its defects, calling the state of affairs “a complete shemozzle”.

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JPMorgan GC sat in on ACCC interviews despite involvement in alleged cartel, court hears
Competition & Consumer Protection 2021-11-03 9:23 pm By Miklos Bolza

JPMorgan’s general counsel for Australia and New Zealand was allowed to sit in on witness interviews during an ACCC cartel investigation into ANZ’s $2.5 billion share placement despite allegedly being involved in the cartel conduct, a judge has heard.

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Criminal case against NAB over casual employee entitlements should take priority, court told
Employment 2021-10-29 1:56 pm By Bianca Hrovat

The criminal case brought by Victoria’s new employment watchdog against the NAB should take precedence over the bank’s case, which challenges the Wage Inspectorate’s interpretation of the Fair Work Act and has now dragged NSW into the fray, a court has heard.

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Rate-rigging class action pleadings OK’d, more than two years after case filed
Class Actions 2021-10-28 3:56 pm By Miklos Bolza

A judge has given the green light to amended pleadings in a class action accusing major banks of entering a cartel agreement to rig foreign exchange rates, bringing a two-year fight over the pleadings closer to resolution.

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Despite universal panning by lawyers, government takes class action bill to parliament
Policy and Regulation 2021-10-27 9:03 pm By Miklos Bolza

Legislation capping litigation funder returns in class actions to 30 per cent and requiring group members to sign up to funding schemes has been introduced to federal parliament despite widespread criticism.

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Tyro hit with class action over terminal outage
Class Actions 2021-10-20 4:10 pm By Cat Fredenburgh

Payments provider Tyro has been hit with a class action over a days-long terminal outage that left many businesses unable to accept payments.

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ACCC seeks $90M penalty for Trivago’s ‘startlingly misleading’ hotel deals
Competition & Consumer Protection 2021-10-18 4:38 pm By Bianca Hrovat

The Australian Competition and Consumer Commission is seeking a $90 million penalty against Trivago for the “startlingly misleading” ranking system used on its travel price comparison website.

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ACCC’s approval of BPAY, Eftpos, New Payments Platform merger faces challenge
Competition & Consumer Protection 2021-10-15 9:16 pm By Miklos Bolza

A challenge to the ACCC’s approval of the merger of major payment platforms BPAY, Eftpos and New Payments Platform Australia has been challenged by a Sydney-based fintech, which has accused NPPA of patent infringement.

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