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Settlement talks advance in bungled lease case against Macpherson Kelley
Competition & Consumer Protection 2022-02-10 10:48 pm By Christine Caulfield

Macpherson Kelley will head to an eleventh-hour mediation in a negligence case over the execution of a 10-year service station lease agreement with Shell, after the court heard settlement talks were well progressed.

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Bristol-Myers Squibb to open up cancer treatment program to settle Merck Sharpe & Dohme lawsuit
Competition & Consumer Protection 2022-02-09 7:01 pm By Cat Fredenburgh

Bristol-Myers Squibb has agreed to open up its subsidised treatment program for stage IV melanoma patients to individuals who have been treated with drugs made by its competitors to settle a misuse of market power lawsuit brought by rival Merck Sharpe & Dohme.

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Citing ‘leisure wear effect’, MySuper class action seeks in-person hearing
Class Actions 2022-02-08 3:03 pm By Cat Fredenburgh

The parties in a class action accusing a Commonwealth Bank of Australia unit of breaching its superannuation trustee duties want the matter to be heard in person and are willing to foot the bill for the judge to travel to Sydney to make it happen.

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Deloitte report on Mercedes-Benz fixed-price model was ‘spin’, court hears
Automotive 2022-02-07 1:46 pm By Cat Fredenburgh

Australian Mercedes-Benz dealers behind a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model allege the car maker engaged Deloitte as a consultant so it could “spin” its real reasons for making the change.

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Meta, Instagram lose appeal bid to arbitrate startup’s competition case
Competition & Consumer Protection 2022-02-04 1:58 pm By Christine Caulfield

An appeals court has dismissed a second attempt by Meta and Instagram to shut down a misuse of market power case by a Melbourne-based social media startup.

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Salter Brothers investment in advisory firm Hendry Group ‘worthless’, court hears
Competition & Consumer Protection 2022-02-04 2:24 pm By Christine Caulfield

Salter Brothers’ multmillion dollar investment in advisory firm Hendry Group is worthless, a court has been told in the fund manager’s case alleging it was the victim of miseleading representations.

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Google can’t shut down Epic Games’ misuse of market power case
Competition & Consumer Protection 2022-02-04 7:24 pm By Sam Matthews

Google has failed in its bid to stay a competition lawsuit brought by Epic Games, after failing to show that the Fortnite game maker would not be disadvantaged if the case were heard in California instead.

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Money transfer business directors face jail in first criminal cartel sentencing of individuals
Competition & Consumer Protection 2022-02-03 1:47 pm By Christine Caulfield

The directors of two money transfer businesses will be the first individuals to be sentenced for criminal cartel offences after pleading guilty Thursday to charges over the fixing of foreign exchange rates.

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Reckitt-Benckiser asks High Court to overturn decision on Maxigesic ads
High Court 2022-02-03 1:27 pm By Cat Fredenburgh

Consumer goods giant Reckitt-Benckiser is seeking special leave from the High Court to challenge a Full Court judgment that overturned a finding that AFT Pharmaceuticals ads’ for its painkiller Maxigesic were misleading.

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In class action defence, Tyro says businesses should have accepted cash during EFTPOS outage
Class Actions 2022-02-01 9:58 pm By Sam Matthews

Fintech Tyro has hit back at a class action brought on behalf of retailers who were unable to process payments because of a days-long terminal outage, arguing they should have accepted cash while their EFTPOS machines were down.

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