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Judge overstepped in accepting Pacific National undertaking, ACCC tells appeals court
Competition & Consumer Protection 2020-02-17 4:30 pm By Christine Caulfield

The judge who dismissed the ACCC’s challenge to Pacific National’s acquisition of Aurizon’s Acacia Ridge Terminal in Queensland had no power to accept an undertaking by the rail operator as an answer to the competition regulator’s case, an appeals court has been told.

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ACCC cartel investigator admits ‘oversight’ in comfort letter to JPMorgan
Competition & Consumer Protection 2020-02-14 10:51 pm By Miklos Bolza

An ACCC officer who was heading up a team investigating alleged cartel conduct by ANZ Banking Group and three investment banks has admitted that the regulator may have made an ‘oversight’ in a letter of comfort offered to JPMorgan ahead of the bank’s immunity application in the case.

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Judge allows discovery for possible bushfire class action against Essential Energy
Class Actions 2020-02-14 10:50 pm By Cat Fredenburgh

A law firm has won its case seeking preliminary discovery from Essential Energy to pursue a possible class action against the state-owned electricity infrastructure company over the 2018 Tathra bushfire in NSW.

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ACCC wins power to compel information from Google, Facebook
Competition & Consumer Protection 2020-02-14 10:32 pm By Cat Fredenburgh

The Federal Government has blessed the ACCC’s request for an extended public inquiry into Google and Facebook as well as a separate probe into the tech giants’ advertising practices, arming the regulator with the power to collect information on the companies’ advertising and search algorithms.

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Ex-Bellamy’s director Jan Cameron faces criminal charges over share disclosures
White Collar 2020-02-14 10:26 am By Christine Caulfield

Former Bellamy’s Australia director Jan Cameron has been charged by prosecutors after an ASIC investigation over her alleged failure to disclose her substantial stake in the organic baby food company.

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Judge hints at broad powers to make common fund orders at class action settlement
Class Actions 2020-02-13 6:37 pm By Miklos Bolza

Future orders putting all class action group members on the hook for a funder’s commission in the wake of the High Court’s common fund ruling could be made under the court’s broad equitable powers, not just statutory power, a Federal Court judge has hinted.

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In loss for Herbert Smith Freehills, court says self-represented law firms can’t recover costs
Business of Law 2020-02-13 4:29 pm By Cat Fredenburgh

Herbert Smith Freehills cannot recover its costs for successfully representing itself in litigation with United Petroleum over the company’s aborted initial public offering, with an appeals court finding the High Court’s recent ruling eliminating the so-called Chorley exception for self-represented lawyers applies to law firms as well.

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Judge clears $15B Vodafone, TPG deal in latest merger challenge loss for ACCC
Competition & Consumer Protection 2020-02-13 11:21 am By Christine Caulfield

Vodafone has won its case against the ACCC over its proposed merger with rival telecommunications company TPG, with a judge ruling the tie-up would not substantially lessen competition and had a real chance of becoming a “competitive force” against the two dominant players in the market, Telstra and Optus.

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Funder to continue backing Westpac insurance class action, for now
Class Actions 2020-02-12 11:43 am By Miklos Bolza

The funder behind a class action against Westpac over allegedly excessive insurance premiums has confirmed that it will continue backing the case despite earlier concerns it may pull out in the wake of the High Court’s landmark ruling on common fund orders.

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AMP to face class action over sale of ‘inflated’ insurance policies
Class Actions 2020-02-12 10:29 am By Cat Fredenburgh

AMP will face a class action alleging its financial representatives pushed AMP inflated insurance policies onto 100,000 customers despite knowing that better policies could be found through other providers.

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