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Booktopia denies ‘systematically’ refusing refunds after 2 days
Competition & Consumer Protection 2022-02-15 2:10 pm By Christine Caulfield

Online book retailer Booktopia has admitted it scrapped a term requiring two days’ notice of damaged or incorrect books, but rejects claims by the ACCC that the policy resulted in a systematic refusal to refund customers.

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ACCC wins case against J Hutchinson, CFMEU over construction boycott
Competition & Consumer Protection 2022-02-14 2:36 pm By Cat Fredenburgh

In a victory for the Australian Competition and Consumer Commission, a judge has found that builder J Hutchinson entered into an anti-competitive agreement with the CFMEU to boycott an independent subcontractor at a construction site in Brisbane.

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Tireless defence by lawyers felled criminal cartel case against banks
Competition & Consumer Protection 2022-02-11 11:20 am By Cat Fredenburgh

From a lengthy committal hearing challenging the ACCC’s investigatory techniques to repeated attacks on the prosecution’s indictment, an indefatigable team of barristers and lawyers across eight law firms helped bring an end to the four-year long pursuit of criminal cartel charges against three banks and six individuals over a $2.8 billion ANZ share placement.

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Ill-fated cartel case shows ACCC should stay out of financial markets, ex-Deutsche Bank CEO says
Competition & Consumer Protection 2022-02-11 7:23 pm By Cat Fredenburgh

The CDPP’s decision to drop all criminal cartel charges against two banks and four individuals in a “test case” over a $2.5 billion ANZ share placement shows the ACCC “lacks expertise and objectivity” on the financial markets and should leave them to ASIC to regulate, according to one of the former accused.

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Charges dropped in landmark criminal cartel case over $2.5B ANZ share placement
Competition & Consumer Protection 2022-02-11 11:03 am By Cat Fredenburgh

In a stunning reversal, the Commonwealth Director of Public Prosecution has dropped all criminal cartel charges against two investment banks and four individuals in relation to a $2.5 billion ANZ share placement, four years after the charges were brought following an allegedly questionable investigation by the ACCC.

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Settlement talks advance in bungled lease case against Macpherson Kelley
Competition & Consumer Protection 2022-02-10 10:48 pm By Christine Caulfield

Macpherson Kelley will head to an eleventh-hour mediation in a negligence case over the execution of a 10-year service station lease agreement with Shell, after the court heard settlement talks were well progressed.

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Bristol-Myers Squibb to open up cancer treatment program to settle Merck Sharpe & Dohme lawsuit
Competition & Consumer Protection 2022-02-09 7:01 pm By Cat Fredenburgh

Bristol-Myers Squibb has agreed to open up its subsidised treatment program for stage IV melanoma patients to individuals who have been treated with drugs made by its competitors to settle a misuse of market power lawsuit brought by rival Merck Sharpe & Dohme.

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Citing ‘leisure wear effect’, MySuper class action seeks in-person hearing
Class Actions 2022-02-08 3:03 pm By Cat Fredenburgh

The parties in a class action accusing a Commonwealth Bank of Australia unit of breaching its superannuation trustee duties want the matter to be heard in person and are willing to foot the bill for the judge to travel to Sydney to make it happen.

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Deloitte report on Mercedes-Benz fixed-price model was ‘spin’, court hears
Automotive 2022-02-07 1:46 pm By Cat Fredenburgh

Australian Mercedes-Benz dealers behind a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model allege the car maker engaged Deloitte as a consultant so it could “spin” its real reasons for making the change.

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Meta, Instagram lose appeal bid to arbitrate startup’s competition case
Competition & Consumer Protection 2022-02-04 1:58 pm By Christine Caulfield

An appeals court has dismissed a second attempt by Meta and Instagram to shut down a misuse of market power case by a Melbourne-based social media startup.

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