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ACCC detergent cartel case not doomed to fail, court says in refusing Cussons indemnity costs
Competition & Consumer Protection 2021-03-22 5:18 pm By Christine Caulfield

PZ Cussons has lost its bid for indemnity costs against the ACCC, with a judge saying the consumer watchdog’s case over an alleged laundry detergent cartel was “significantly wanting” but not hopeless or doomed to fail.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Peters says competitors had many ways to serve up their ice cream
Competition & Consumer Protection 2021-03-22 1:16 pm By Cat Fredenburgh

Peters Ice Cream has denied claims by the ACCC that it signed an agreement for the exclusive distribution of its single serve ice creams to service stations and convenience stores in order to ice competitors out of the market, saying competitors had many options for serving up their frozen treats to ice cream lovers.

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Boston Scientific hit with second class action over pelvic mesh products
Class Actions 2021-03-22 11:36 am By Cat Fredenburgh

Boston Scientific has been hit with second class action on behalf of women who were implanted with allegedly defective pelvic mesh devices, just two weeks after the Full Court tossed an appeal to a landmark ruling that put Johnson & Johnson on the hook for millions in damages for failing to adequately warn patients about the risks the products carry.

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Big Jack dispute between McDonald’s, Hungry Jack’s heats up after mediation fails
Intellectual Property 2021-03-19 7:24 pm By Cindy Cameronne

A dispute is cooking over Hungry Jack’s claim its Big Jack burger has 25 per cent more Aussie beef than the Big Mac, with McDonald’s saying it has tested the statement and found the Big Jack weighs less than its rival when cooked.

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JPMorgan wants to have its cake and eat it too in ANZ cartel case, court hears
Competition & Consumer Protection 2021-03-19 7:04 pm By Miklos Bolza

Whistleblower JPMorgan can’t be a witness in a criminal cartel case over a $2.5 billion ANZ share placement that has ensnared several investment banks and top executives and claim privilege over witness statements relevant to the case, a court has heard.

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Lawsuit targets cruelty-free cosmetics company spruiked by Celeste Barber
Competition & Consumer Protection 2021-03-18 8:34 pm By Cat Fredenburgh

A vegan, cruelty-free makeup company whose products are promoted by comedian Celeste Barber has been taken to court by a US company for allegedly selling a cheaper copycat version of its $42 concealer.

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‘Disturbing number of similarities’: Judge slaps interim injunction on ‘RestQ’ trade mark use
Intellectual Property 2021-03-17 8:33 pm By Cindy Cameronne

A judge has issued an injunction temporarily barring use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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Hendry Group says ex-CEO ousted because of ‘serious concerns’, not sex discrimination complaints
Employment 2021-03-17 4:30 pm By Miklos Bolza

Business consultancy Hendry Group has told a court there was “no possible causal connection” between sex discrimination complaints brought by a former CEO and her suspension, saying that the company showed her the door because of “genuine and serious concerns” about her conduct.

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High Court to hear Glencore shipping fee fight with Port of Newcastle
Competition & Consumer Protection 2021-03-17 11:50 am By Cat Fredenburgh

The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.

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