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ACCC head calls out companies for ‘pushing the boundaries’ of merger regime
Competition & Consumer Protection 2022-05-04 4:00 pm By Sam Matthews

The new chair of the competition regulator has taken aim at companies for “pushing the boundaries” of Australia’s merger control regime and taking a “strategic approach” to clearance, as the regulator yet again flags the prospect of a reform push.

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Philips defends class action, says sleep devices weren’t defective when sold
Product Liability 2022-05-03 10:30 pm By Cat Fredenburgh

Philips Electronics has hit back at a class action over recalled sleep apnea machines that contained a foam component that could allegedly degrade and cause consumers to inhale dangerous chemicals, saying the devices were not defective when they were sold.

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Macquarie flex commission class action says loans were part of ‘staged sales process’
Class Actions 2022-05-02 3:58 pm By Sam Matthews

The plaintiffs in a class action over alleged unfair flex commission arrangements have hit back at Macquarie Leasing’s claims that out-of-pocket customers should have negotiated better deals with car dealers, arguing car loans were taken out as part of a “staged sales process” that limited negotiation.

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ASIC loses waiver argument over privileged docs in case against REST
Competition & Consumer Protection 2022-04-29 2:18 pm By Sam Matthews

A judge has panned ASIC’s bid to discover a wide range of privileged communications between super fund REST and various legal advisers, finding the regulator used a “very wide net” to catch nothing at all.

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Dealers in Holden class action rejected $5M offer from GM
Competition & Consumer Protection 2022-04-28 10:33 pm By Cat Fredenburgh

Car dealers that have brought a class action against General Motors over its decision to retire the Holden brand in Australia rejected offers of compensation totaling close to $5 million, according to court documents.

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THL’s proposed acquisition of Apollo raises red flags for ACCC
Competition & Consumer Protection 2022-04-28 2:36 pm By Sam Matthews

The ACCC has flagged a number of competition concerns over New Zealand campervan giant THL’s proposed acquisition of Australian competitor Apollo, saying the tie-up could leave campers paying more to hit the road.  

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Uber sought legal advice on how to get away with alleged class action offences, judge says
Class Actions 2022-04-27 6:10 pm By Sam Matthews

A judge has denied Uber’s attempts to withhold documents in two lawsuits on the basis of legal professional privilege, finding many of the client-lawyer communications were made in furtherance of various offences by the rideshare giant at the centre of a class action lawsuit.

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ASIC fines Maritime Super for misleading super members over fees
Financial Services 2022-04-27 11:32 pm By Cat Fredenburgh

Industry fund Maritime Super has been fined $26,640 by the corporate regulator for allegedly misleading members about the impact of its partnership with superannuation fund Hostplus.

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Uber agrees to $26M penalty over misleading ride cancellation fee warnings
Competition & Consumer Protection 2022-04-26 11:47 am By Christine Caulfield

Uber has admitted to making misleading statements to passengers and has agreed to pay $26 million in penalties in a case by the consumer regulator over the ridesharing giant’s cancellation warning messages.

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Trivago hit with $44.7M penalty for ‘highly misleading’ hotel deals
Competition & Consumer Protection 2022-04-22 10:49 am By Cat Fredenburgh

A judge has slapped Trivago with $44.7 million in penalties for a “startlingly misleading” rankings system used on its travel comparison website from which it reaped $53 million.

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