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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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Allianz says joint class action would eliminate competition in contingency fee rates
Class Actions 2021-07-16 3:21 pm By Christine Caulfield

Consolidation of two consumer class actions against Allianz would do away with competition in a contest to lead a single case that would force a drop in the contingency fee rates of the rival law firms, the insurance giant has told a court.

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Culture Kings hits back at Mike Tyson lawsuit over ‘misleading’ t-shirts
Competition & Consumer Protection 2021-07-15 7:25 pm By Bianca Hrovat

Australian streetwear retailer Culture Kings has hit back at a lawsuit by former world boxing champion and self-proclaimed “baddest man on the planet” Mike Tyson, denying allegations that it misled customers by using his image on its t-shirts. 

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$190M may be available to class action under Fairview’s insurance
Class Actions 2021-07-15 2:06 pm By Miklos Bolza

Cladding manufacturer Fairview Architectural may have $190 million in insurance to cover the claims in a class action over its allegedly combustible cladding products.

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BlueScope cartel judge gives ‘hybrid’ hearings low marks as COVID-19 scrambles trial plans
Competition & Consumer Protection 2021-07-29 1:17 pm By Cat Fredenburgh

When trial begins next month in the ACCC’s cartel case against BlueScope Steel, the parties will all appear by video, with a judge saying “hybrid” hearings – where some parties are in court and others appear by video – were “unsatisfactory”.

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