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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Peters says competitors had many ways to serve up their ice cream
Competition & Consumer Protection 2021-03-22 1:16 pm By Cat Fredenburgh

Peters Ice Cream has denied claims by the ACCC that it signed an agreement for the exclusive distribution of its single serve ice creams to service stations and convenience stores in order to ice competitors out of the market, saying competitors had many options for serving up their frozen treats to ice cream lovers.

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JPMorgan wants to have its cake and eat it too in ANZ cartel case, court hears
Competition & Consumer Protection 2021-03-19 7:04 pm By Miklos Bolza

Whistleblower JPMorgan can’t be a witness in a criminal cartel case over a $2.5 billion ANZ share placement that has ensnared several investment banks and top executives and claim privilege over witness statements relevant to the case, a court has heard.

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Silk in ASIC cases against Rio Tinto, GetSwift appointed to Federal Court
People In The News 2021-03-19 1:52 pm By Cat Fredenburgh

The Acting Attorney-General has made two appointments to the Federal Court, including the barrister representing ASIC in its high-stakes cases against Rio Tinto and GetSwift.

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High Court to hear Glencore shipping fee fight with Port of Newcastle
Competition & Consumer Protection 2021-03-17 11:50 am By Cat Fredenburgh

The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.

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Australia’s largest funeral homes fined for ‘locally owned’ representations
Competition & Consumer Protection 2021-03-17 10:47 am By Cat Fredenburgh

Australia’s two largest funeral home companies owned by ASX-traded Propel Funeral Partners have been hit with penalties for representing to consumers that they were locally owned.

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Lorna Jane says it believed activewear would protect users from COVID-19
COVID-19 2021-03-15 4:40 pm By Cindy Cameronne

Women’s activewear company Lorna Jane has defended ACCC allegations that it represented to consumers during that height of the coronavirus pandemic that its activewear would protect them from viruses including COVID-19, saying it had a reasonable and proper basis for making the claims.Ā 

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ACCC takes swipe at Visa over interchange fees on debit card payments
Competition & Consumer Protection 2021-03-10 1:25 pm By Christine Caulfield

The ACCC has secured a court-enforceable agreement from Visa that it will not tie cheap interchange rates for large retailers to their use of the Visa network for processing debit card payments, after the regulator raised concerns the credit card giant may have engaged in anti-competitive conduct.

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Viagogo wins stay of $7M penalty after evidence of COVID-19’s ‘catastrophic’ impact
Competition & Consumer Protection 2021-03-04 2:44 pm By Cindy Cameronne

Crying poor during COVID-19, Viagogo has won a temporary stay of a $7 million penalty imposed by a court that found the ticket reseller misled customers on an ā€œindustrial scaleā€.

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Court finds Megasave made misleading representations to franchisees
Competition & Consumer Protection 2021-03-02 11:51 am By Cat Fredenburgh

A court has found national delivery company Megasave Couriers misled franchisees with false promises of guaranteed minimum weekly payments and annual income.

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