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ANZ accuses ACCC of ‘heavying’ cartel witnesses from JPMorgan
Competition & Consumer Protection 2020-07-22 9:15 pm By Miklos Bolza

ANZ Banking Group has slammed a decision by the ACCC to escalate concerns that one of its key cartel witnesses was not being “full and frank”, claiming this was a way to put pressure on the witness and bring his evidence into line.

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‘Not a single note’: ACCC accused of avoiding disclosure in ANZ cartel case
Competition & Consumer Protection 2020-07-21 11:18 pm By Miklos Bolza

The ACCC’s investigatory techniques have come under fire during a hearing over an alleged criminal cartel agreement between ANZ and two investment banks, with a barrister for one of the banks suggesting investigators from the regulator deliberately did not take notes during hundreds of days of witness interviews to avoid disclosure.

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JPMorgan disputed existence of cartel agreement with ANZ, court hears
Competition & Consumer Protection 2020-07-20 8:31 pm By Miklos Bolza

Despite receiving immunity in a criminal cartel case against ANZ and two other investment banks, JPMorgan has disputed the existence of any cartel agreement since the early days of the ACCC’s investigations, a court has heard.

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Kogan misled customers with tax promotion, court finds
Competition & Consumer Protection 2020-07-17 12:45 pm By Miklos Bolza

The Australian Competition and Consumer Commission has succeeded in its case against Kogan, with a judge finding statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Medibank ordered to pay $5M for misleading members over coverage for critical surgery
Competition & Consumer Protection 2020-07-16 1:20 pm By Christine Caulfield

A judge has ordered private health insurer Medibank to pay $5 million in penalties for rejecting the claims of hundreds of members who were entitled to coverage for critical medical procedures, including spinal surgery.

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ASIC declined to take action on class action funding arrangement, inquiry told
Class Actions 2020-07-15 6:50 pm By Alison Eveleigh

The corporate watchdog would not take action on funding terms in a Fair Work class action brought by Adero Law, after receiving reports of potential misleading or deceptive conduct by the law firm and the funder backing the case, according to submissions made in the government’s latest inquiry into litigation funding and class actions.

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ACCC greenlights acquisition of Bayer’s animal health business
Competition & Consumer Protection 2020-07-09 7:33 pm By Alison Eveleigh

The Australian Competition and Consumer Commission will not oppose the acquisition of global pharmaceutical giant Bayer’s animal health business by competitor Elanco, after the company agreed to divest certain brands to allay competition concerns.

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Special purpose liquidators appointed by judge to investigate claims against Phoenix directors
Restructuring & Insolvency 2020-07-08 7:12 pm By Miklos Bolza

A judge has appointed special purpose liquidators to investigate the affairs of failed VET provider Phoenix Institute and its directors after the Commonwealth complained of “a difficult working relationship” with the training company’s current liquidators.

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ACCC appeals ruling that unconscionable conduct requires victims to have special disadvantage
Competition & Consumer Protection 2020-07-08 6:15 pm By Christine Caulfield

The ACCC is challenging a ruling that dismissed the watchdog’s claim that property investment company Quantum Housing Group engaged in unconscionable conduct in misleading investors in the National Rental Affordability Scheme, saying the legal test for finding unconsionability under the consumer law needed clarifying.

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ACCC claims Freedom Furniture misled consumers about refund rights
Competition & Consumer Protection 2020-07-07 6:00 pm By Cat Fredenburgh

Freedom Furniture has paid penalties of $25,200 after being hit with two infringement notices by the Australian Competition and Consumer Commission for allegedly misleading customers about their consumer guarantee rights.

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