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Telstra to shut down sites amid ACCC concerns about Optus 5G rollout
Competition & Consumer Protection 2022-08-03 11:11 pm By Cat Fredenburgh

Telstra has agreed to deregister 162 radiocommunications sites after the ACCC expressed concerns the acquisition could stymie competition by hampering the rollout of Optus’ 5G network.

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ā€˜No brainerā€™ that Arrium was failing when directors drew down funds, court told
Restructuring & Insolvency 2022-08-02 11:09 pm By Cindy Cameronne

Several lenders have appealed a ruling that found they failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse, saying it was a ā€œno brainerā€ that the company was in dire straits when its directors sought extra funds.

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Mazda’s conduct not just ‘appalling customer service’ but unconscionable, ACCC says
Competition & Consumer Protection 2022-08-02 11:37 pm By Christine Caulfield

A judge was wrong to find that Mazda’s treatment of customers with faulty vehicles was appalling but not unconscionable, and nowhere in his ruling is there an explanation for the distinction, the consumer regulator has told an appeals court.

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ASIC won’t enforce $7.2M penalty against Dixon Advisory
Financial Services 2022-08-02 11:49 pm By Sam Matthews

The Australian Securities and Investments Commission will not seek to enforce a $7.2 million penalty agreed to by Dixon Advisory after admitting to the regulatorā€™s allegations that it failed to act in its clients’ best interests.

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Slater & Gordon wins beauty parade, group costs order in Beach Energy class action
Class Actions 2022-08-01 2:28 pm By Cindy Cameronne

Slater & Gordon has defeated Shine Lawyers in a contest to run a shareholder class action against Beach Energy, with a judge finding Shineā€™s tiered contingency fee arrangement was ā€œmere window dressingā€.

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Drug companies drop bid for ACCC approval of Revlimid patent settlement
Competition & Consumer Protection 2022-07-29 11:44 am By Cat Fredenburgh

Bristol-Myers Squibb unit Celgene and two generic drug makers have withdrawn an application for ACCC approval of a patent settlement that would have allowed for an early launch of a generic version of blockbuster cancer drug Revlimid.

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Full Court decision could ensnare buy now, pay later schemes, High Court told
High Court 2022-07-27 11:37 pm By Sam Matthews

Payday lenders Cigno and BHF have filed High Court challenges to a judgment which found they could not bypass lender obligations contained in the Credit Code, warning the judgment could subject buy now, pay later schemes to the Code.

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Mastercard says deals with retailers were legitimate, pro-competitive
Competition & Consumer Protection 2022-07-27 12:51 pm By Christine Caulfield

Mastercard had a legitimate and pro-competitive reason for reaching agreements with major retailers to choose its network over Eftpos for debit card processing, a court was told Wednesday in the competition regulator’s misuse of market power case against the financial services behemoth.

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Honda admits ‘accidentally but repeatedly’ misleading customers
Competition & Consumer Protection 2022-07-26 12:35 pm By Sam Matthews

Honda has admitted to the Australian Competition and Consumer Commission’s claims that it mislead the customers of two former authorised dealerships, but is seeking to avoid pecuniary penalties for the ā€œaccidentalā€ misconduct.

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Penalty in ACCC case against Uber off by more than $20M, judge says
Competition & Consumer Protection 2022-07-25 11:07 pm By Sam Matthews

A judge has slammed a $26 million penalty agreed to by Uber and the ACCC as ā€œnot within the rangeā€, saying the impact of the rideshare giant’s misleading conduct appeared to be “trivial”.

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