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‘Battle of the burgers’: McDonald’s fires up claim over cheeky Hungry Jack’s ad
Intellectual Property 2020-10-02 11:18 am By Miklos Bolza

Fast food giant McDonald’s will expand its lawsuit against rival Hungry Jack’s to bring a misleading and deceptive conduct allegation over an ad that claims the Big Jack burger is “clearly bigger” than the Big Mac.

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Employsure defeats ‘untenable’ ACCC case over Google ads, keywords
Competition & Consumer Protection 2020-10-01 6:34 pm By Miklos Bolza

The ACCC has lost its case against Employsure alleging the specialist workplace relations consultancy duped small businesses into signing long-term contracts via several Google ads that promised free workplace advice which appeared to be government-affiliated.

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Freedom Foods takes US almond giant to court over souring milk deal
Competition & Consumer Protection 2020-10-01 2:43 pm By Cat Fredenburgh

Australian food manufacturer Freedom Foods has taken US almond supplier Blue Diamond to court over a disputed licencing deal under which it sells Almond Breeze almond milk in Australia.

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Full Court trashes ACCC appeal over Woolworths ‘eco’ picnic products
Competition & Consumer Protection 2020-09-29 7:03 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has lost its appeal of a ruling that found Woolworths’ environmental claims for its ‘Select Eco’ line of compostable plates, bowls and cutlery were accurate, not false and misleading.

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Google fires back at ACCC data collection suit, says it sought ‘explicit consent in plain terms’
Competition & Consumer Protection 2020-09-29 4:51 pm By Miklos Bolza

Google has rejected claims by the ACCC that it tricked consumers into agreeing to expanded collection of their personal data, saying that it instead sought “explicit consent” from users through an “easy-to-understand opt-in consent mechanism”.

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‘Strained and fanciful’: Court tosses Telstra suit over Optus’ ‘more than ever before’ ads
Competition & Consumer Protection 2020-09-25 1:52 pm By Cat Fredenburgh

Telstra has suffered a defeat in its lawsuit accusing competitor Singtel Optus of violating consumer laws with ads claiming it is “covering more of Australia than ever before”, with a judge calling Telstra’s allegations that the ads implied a comparison with other telcos “strained and fanciful”.

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Oscar Wylee fined $3.5M for its ‘betrayal’ of consumers
Competition & Consumer Protection 2020-09-18 1:00 pm By Christine Caulfield

Eyewear retailer Oscar Wylee has been fined $3.5 million for its misleading ‘Buy a pair, Give a pair’ promotion, with a judge calling the representations “brazen” and “plainly deceitful”.

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Judge sinks discovery hopes in NSW Ports competition case
Competition & Consumer Protection 2020-09-17 6:04 pm By Alison Eveleigh

A maritime development company has had its discovery hopes dashed in its stayed competition lawsuit against NSW Ports, with a judge finding that the company would not suffer any injustice in waiting until the stay is lifted after a similar case brought by the competition regulator is heard.

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Common fund orders under attack again in Takata airbags class action
Class Actions 2020-09-16 2:47 pm By Alison Eveleigh

Common fund orders are again under scrutiny in a class action which was at the centre of the High Court’s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.

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ACCC can’t stop buy now, pay later finance in solar industry
Energy & Natural Resources 2020-09-15 11:37 pm By Cat Fredenburgh

The Australian Competition Tribunal has shot down ACCC moves to restrict the use of buy now, pay later finance for the purchase of solar goods and other new energy technology products.

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