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Lorna Jane hit with $5M penalty for misleading COVID-19 activewear claims
COVID-19 2021-07-23 2:43 pm By Cat Fredenburgh

A judge has hit women’s activewear company Lorna Jane with a $5 million penalty for representing to consumers during the height of the coronavirus crisis last year that its activewear would protect them from viruses including COVID-19.

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Google to try its hand at staying Epic Games competition suit after Apple fails
Competition & Consumer Protection 2021-07-23 1:41 pm By Cat Fredenburgh

Google is pressing forward with an application to stay Fortnite game maker Epic Games’ competition lawsuit over its Google Play store terms, despite the Full Court rejecting a similar move by Apple.

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Amazon, eBay, Kogan in ACCC’s sights in digital platforms inquiry
Competition & Consumer Protection 2021-07-22 10:57 am By Miklos Bolza

The ACCC will probe potential competition and consumer concerns over online retail platforms eBay, Amazon, Kogan and Catch.com.au, and has called for submissions as part of its ongoing inquiry into digital platform services.

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‘The gullible are not disentitled to protection’: Lawyer loses sports betting class action appeal
Class Actions 2021-07-21 7:00 pm By Cindy Cameronne

Sydney lawyer Leigh Johnson has lost her appeal in a class action launched by investors who allegedly sank $12.3 million into a fraudulent sports betting scheme run by convicted conman Peter Foster.

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Judge lashes ACCC’s Port of Newcastle case as ‘far-fetched and fanciful’
Competition & Consumer Protection 2021-07-20 10:54 pm By Christine Caulfield

The ACCC’s claim that NSW Ports stymied competition when it signed a 50-year agreement with the state to be compensated if the Port of Newcastle built a container terminal was based on “mere speculative hopes”, a judge found in tossing the competition watchdog’s regulatory action.

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Bristol-Myers Squibb accused of misusing market power with cancer treatment program
Competition & Consumer Protection 2021-07-19 2:55 pm By Miklos Bolza

Merck Sharp & Dohme has filed a lawsuit accusing rival drug company Bristol-Myers Squibb of misusing its market power by restricting access to a treatment program for stage IV melanoma patients.

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In-N-Out Burger doubles down on trade mark protection with latest lawsuit 
Intellectual Property 2021-07-19 2:14 pm By Bianca Hrovat

Popular American fast food chain In-N-Out Burger is doubling down on alleged bootlegged burger branding, once again going after an Australian company for allegedly using its trade marked name and logo to turn a profit.

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Apotex sued by former managing director over unpaid bonuses, leave
Employment 2021-07-19 1:37 pm By Miklos Bolza

A former managing director of global drug giant Apotex is suing his old employer over $226,000 in bonuses and $175,000 in leave he claims were not paid when he was made redundant in September 2019.

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Noni B owner appeals ruling ordering it to hand over docs to ACMA
Privacy & Cybersecurity 2021-07-19 1:16 pm By Cat Fredenburgh

Mosaic Brands has appealed a ruling ordering it to comply with a request for documents from the Australian Communications and Media Authority over its potential violations of the Spam Act.

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Lawyers for combustible cladding class action can search Fairview’s offices after discovery failure
Class Actions 2021-07-16 6:06 pm By Cindy Cameronne

Cladding manufacturer Fairview Architectural must allow the group members in a class action over allegedly combustible cladding products to search the company’s offices and access electronically stored information to carry out discovery, a judge has ruled.

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