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TPG’s media-shy boss David Teoh fronts court in battle with ACCC over Vodafone merger
Competition & Consumer Protection 2019-09-11 9:45 pm By Christine Caulfield

The reclusive head of TPG Telecom, David Teoh, faced the spotlight on Wednesday to give evidence in a case over the company’s planned $15 billion merger with Vodafone, telling a court under questioning that his company had not budgeted for a 5G network when it first made plans to enter the retail mobile network market.

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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Intellectual Property 2019-09-11 8:49 pm By Miklos Bolza

Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.

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Ex-CEO sues live cattle exporter following ‘hostile’ and ‘demeaning’ dismissal
Employment 2019-09-11 3:59 pm By Amelia Birnie

Live cattle exporter Wellard Ltd has been hit with an unlawful dismissal claim for more than $400,000 by its ex-CEO, who claims he was sacked for asking about the company’s troubling financial position and complaining about the chairman’s “hostile”, “demeaning” and “threatening” behaviour towards him.

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Important developments in the ACCC’s cartel immunity policy and introduction of whistleblowing tool
Expert Insights 2019-09-11 1:40 pm By Editor

From October 1, the Australian Competition and Consumer Commission will apply an updated cartel immunity and cooperation policy, with the changes said to reflect the ACCC’s experiences from key criminal investigations undertaken to date. The ACCC is also launching an online portal to allow whistleblowers to anonymously report alleged cartel conduct directly to the ACCC. Here, King & Wood Mallesons partner Peta Stevenson and senior associate Jacqueline Ibrahim tells you what you need to know about these significant developments.

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Vietnamese mining firm drops $132M arbitration award dispute with WorleyParsons unit
Arbitration 2019-09-11 1:35 pm By Miklos Bolza

The operator of a Vietnamese mine has dropped its Federal Court proceedings against WorleyParsons subsidiary Jacobs E&C over the enforcement of a $132 million arbitration award.

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Consumer watchdog continues NBN marketing crackdown with fines against BVivid
Competition & Consumer Protection 2019-09-10 9:12 pm By Amelia Birnie

BVivid has become the latest telco to cop penalties from the consumer watchdog over National Broadband Network marketing, after it admitted to cold-calling consumers and telling them they would be disconnected if they did not immediately switch over.

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Aldi’s lack of booze rep dooms opposition to ‘Alby’ craft beer trade mark
Intellectual Property 2019-09-10 5:22 pm By Miklos Bolza

Aldi has failed in its attempt to block applications for three ‘Alby’ trade marks filed by a Western Australian craft brewery, thanks to the supermarket chain’s lack of reputation for selling beer in Australia.

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Corporate cop looks to bolster Rio Tinto case with US evidence from PwC witness
Energy & Natural Resources 2019-09-10 4:38 pm By Miklos Bolza

The Australian Securities and Investments Commission is seeking evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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ACCC’s decision to block Vodafone, TPG merger ‘chock full of speculation’, court hears
Competition & Consumer Protection 2019-09-10 2:13 pm By Christine Caulfield

The competition regulator’s opposition to the proposed $15 billion merger of telecommunications companies Vodafone and TPG was based on “mere possibilities” and was “chock full of speculation”, the Federal Court heard Tuesday.

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Judge strikes out CIMIC class action claims pleaded in ‘factual vacuum’
Class Actions 2019-09-10 12:02 pm By Miklos Bolza

Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.

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