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Port of Newcastle can charge Glencore higher access fees, High Court rules
Competition & Consumer Protection 2021-12-08 6:57 pm By Miklos Bolza

The Port of Newcastle has largely won its High Court fight with mining giant Glencore over access fees and will now be able to set a higher price for use of the port’s facilities.

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Full Court throws out ‘mistaken’ judgment on AFT’s Maxigesic ads
Competition & Consumer Protection 2021-12-07 6:18 pm By Miklos Bolza

A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.

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Mercedes-Benz hits back at $650M lawsuit, says dealer agreements not ‘perpetual’
Franchises 2021-12-07 6:38 pm By Miklos Bolza

Mercedes-Benz has responded to a $650 million lawsuit by Australian dealers over its decision to move to a fixed-price agency model, saying it had a “legitimate commercial interest” in making the change and denying that dealer agreements were “perpetual” in their terms.

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Social media surgeon accused of ‘barbaric, botched’ procedures faces class action investigation
Class Actions 2021-12-07 11:46 am By Bianca Hrovat

Sydney-based plastic surgeon Daniel Lanzer is facing a potential class action lawsuit in the wake of a damning Four Corners investigation which accused him of “gruesome” and “barbaric” practices.

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Lendlease loses bid for separate hearing in Acciona dispute over $160M deal
Competition & Consumer Protection 2021-12-06 3:51 pm By Miklos Bolza

A judge has ruled he will not consider a separate question on whether Acciona is barred from setting off any damages payable to Lendlease in a lawsuit over the $160 million sale of its engineering business.

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ACCC trying to ‘fit a square peg into a round hole’ with bank cartel case, court hears
Competition & Consumer Protection 2021-12-03 4:59 pm By Cindy Cameronne

The ACCC has been accused of running a “experimental test case” that tries to fit the shares market within the scope of the Competition and Consumer Act with its criminal cartel case against Citigroup, Deutsche Bank and several prominent banking executives over a $2.5 billion ANZ share placement.

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Training college AIPE hit with record $153M penalty for ‘unconscionable’ enrolment system
Competition & Consumer Protection 2021-12-03 1:04 pm By Miklos Bolza

Collapsed NSW training company Australian Institute of Professional Education has been slugged with a $153 million penalty, the highest ever fine in a consumer law case, after the Federal Court found the school targeted vulnerable students through an “unconscionable” enrolment system.

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WiseTech reaches settlement in freight forwarder’s restraint of trade case
Competition & Consumer Protection 2021-12-03 1:12 pm By Bianca Hrovat

Freight forwarding company Mondiale has dropped its court action against WiseTech Global alleging the logistics firm breached competition law by misusing its substantial market power.

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‘Don’t panic’: JPMorgan boss tried to allay bank exec’s fears over shortfall, court told
Competition & Consumer Protection 2021-12-02 9:52 pm By Cindy Cameronne

JPMorgan Australia chairman Rob Priestley told Citigroup and Deutsche Bank executives not to “panic” about picking up a shortfall in the sale of ANZ shares, a court has heard in the ACCC’s criminal cartel case over a $2.5 billion ANZ share placement.

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High Court shuns Apple’s last shot at shipping Epic Games dispute to US
Appeals 2021-12-02 2:26 pm By Cat Fredenburgh

Apple has reached the end of the line in its attempts to move a competition dispute with Fortnite game maker Epic Games to California, with the High Court denying the tech company’s special leave application to appeal a judgment that found there were “strong reasons” for keeping the matter in Australia.

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