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Banks want to grill ANZ cartel case witnesses on late evidence by ACCC
Competition & Consumer Protection 2019-12-10 6:58 pm By Miklos Bolza

The banks and executives facing criminal charges over alleged cartel conduct related to ANZ’s $2.5 billion share placement in 2015 will fight to widen their cross-examination of key ACCC witnesses after new information was brought to light in late submissions by the regulator.

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JPMorgan witness disputed existence of ANZ cartel ‘agreement’ court hears
Competition & Consumer Protection 2019-12-06 9:45 pm By Miklos Bolza

A key witness from JPMorgan previously contested claims by the ACCC that a key component of an alleged cartel arrangement between four major banks around a $2.5 billion institutional share placement by ANZ was actually an ‘agreement,’ as opposed to a series of independent decisions, a court has heard.

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Mazda gave buyers of defective vehicles the ‘run around’, ACCC says
Competition & Consumer Protection 2019-10-31 1:53 pm By Cat Fredenburgh

Japanese auto maker Mazda is facing regulatory action from the Australian Competition and Consumer Commission for allegedly refusing to provide purchasers of defective vehicles with a full refund or no-cost replacement, amid a continuing threat of a possible class action over alleged defects in certain vehicles.

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‘A very expensive lesson’: Ultra Tune to sue former auditors, lawyers over $2M franchising penalty
Competition & Consumer Protection 2019-09-20 11:58 am By Amelia Birnie

National car repair franchise Ultra Tune is preparing negligence suits against its former lawyers and auditors, after the company on Friday won a $590,000 reduction in a $2.6 million penalty for breaches of the Franchising Code of Conduct.

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Ultra Tune appeals ‘manifestly excessive’ penalty for breaching Franchising Code
Competition & Consumer Protection 2019-08-12 9:11 pm By Miklos Bolza

National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was “manifestly excessive” because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.

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Judge has ‘no sympathy’ for ACCC’s attempt to block Ultra Tune appeal
Competition & Consumer Protection 2019-06-17 4:15 pm By Amelia Birnie

Ultra Tune has been given the go-ahead to challenge a $2.6 million penalty for alleged breaches of franchising and consumer laws, after a judge said she had “no sympathy” for the consumer regulator’s opposition to the car repair franchisor’s bid for more time to lodge an appeal.

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Judge says sorry for delayed Osteo Gel judgment as penalty hearing set for 2020
Competition & Consumer Protection 2019-06-07 12:34 pm By Miklos Bolza

A Federal Court judge has apologised for “upsetting the applecart” and taking “too long” to publish his judgment in the consumer regulator’s case against GlaxoSmithKline and Novartis over packaging for now discontinued painkiller Osteo Gel.

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GSK narrowly defeats ACCC’s case over revised Osteo Gel packaging
Competition & Consumer Protection 2019-05-17 11:44 pm By Cat Fredenburgh

GlaxoSmithKline has defeated claims by the ACCC that revised packaging for its now-discontinued pain killer Osteo Gel misled consumers. The drug maker will face penalties for earlier violations it admitted to, but the court hinted the damages will be nowhere near the $6 million competitor Reckitt Benckiser faced in a similar case.

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Ex-Babcock & Brown execs dodge case over botched $1.4B acquisition
Corporate 2019-05-14 10:00 pm By Christine Caulfield

A court has dismissed a long-running case against defunct Babcock & Brown executives by a private investment fund over a botched $1.4B acquisition of the biggest laundry equipment provider in the US, saying the executives did not breach their duties by failing to disclose that the bank underwriting the deal allegedly wanted out.

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Ultra Tune’s excuse for missing appeal deadline doesn’t wash, ACCC tells court
Competition & Consumer Protection 2019-05-07 9:07 pm By Amelia Birnie

The consumer regulator wants a court to throw out Ultra Tune’s appeal of a $2.6 million penalty after the national car repair franchise filed its challenge more than a month late because its lawyers “miscalculated” the deadline.

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