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ACCC to bring misuse of market power case by end of year
Competition & Consumer Protection 2019-09-18 4:51 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission currently has twelve misuse of market power investigations underway, one of which will likely make it to the courthouse before the year is up.

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ACCC’s Sims says ‘strong competition’ lacking in retail banking sector
Competition & Consumer Protection 2019-09-18 4:48 pm By Cat Fredenburgh

ACCC Chair Rod Sims reiterated concerns about the lack of competition in the retail banking sector on Wednesday, but shut down media reports that the competition regulator is pushing for a royal commission-scale inquiry into the big four banks.

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Groundhog day for privacy tort
Expert Insights 2019-09-17 2:53 pm By Editor

The ACCC’s recommendation in its digital inquiry report for a statutory cause of action for serious invasions of privacy has merit as a mechanism to safeguard individual’s privacy where it is not protected by the Privacy Act or the patchwork of surveillance and related legislation. But it remains to be seen whether there will be any greater governmental impetus than on previous occasions to make the legislative changes required, writes Gilbert + Tobin partner Melissa Fai and lawyer Stephanie Essey.

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‘That’s something that happens in Victoria’: NSW judge hesitant to reallocate VW class actions settlement approval
Class Actions 2019-09-16 10:22 pm By Amelia Birnie

The judge overseeing multiple class actions against Volkswagen over its dieselgate emissions scandal has said he will “need persuading” before reallocating the settlement approval to a different judge, because “that’s something that happens in Victoria”.

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Bannister Law told to pipe down from ‘back of the bus’ in VW dieselgate class actions settlement
Class Actions 2019-09-16 10:15 pm By Amelia Birnie

Boutique class action firm Bannister Law has been told “not to make too much noise” from its spot at “the back of the bus” in the VW dieselgate class actions, after its legal team flagged its intention to try and expedite the $127.1 million settlement approval process.

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Thorn looks to raise $38.7M to cover class action settlement
Class Actions 2019-09-16 9:39 pm By Cat Fredenburgh

Thorn Group is seeking to raise $38.7 million to cover its share of a $29 million settlement in a consumer class action alleging its Radio Rentals unit pushed misleading ‘Rent, Try, $1 Buy’ leases onto vulnerable customers.

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‘Powerful and influential’ media cos. don’t need ACCC hand-holding, Facebook says
Competition & Consumer Protection 2019-09-16 8:46 pm By Christine Caulfield

Facebook has come out against some of the competition watchdog’s recommendations in its final digital inquiry report and warned against the risk of pandering to powerful Australian media companies with regulation aimed at reining in rivals.

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VW settles landmark dieselgate class actions for up to $127M
Class Actions 2019-09-16 10:28 am By Amelia Birnie

After four years of litigation, the Volkswagen diesel emissions class actions have reached an in-principle settlement of up to $127.1 million, with affected consumers expected to receive $1,400 per vehicle on average if 100 per cent participation is achieved.

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High Court takes up appeal in class action by Scenic Tours cruise passengers forced to bus it
Appeals 2019-09-13 11:06 pm By Christine Caulfield

The lead applicant in a class action by passengers of Scenic Tours luxury European river cruises who were forced to take the bus has partially won a bid for the High Court to hear an appeal of a mixed ruling on liability in the case.

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Judge signs off on contested common fund bid in $1B IAG insurance class action
Class Actions 2019-09-13 9:02 pm By Christine Caulfield

A judge has approved a common fund application in a class action against two IAG entities over add-on insurance said to be worth up to $1 billion, saying it was only fair to make all group members pay to fund the litigation.

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