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Full Court deals drug companies a blow on patent term extensions
Appeals 2022-03-18 10:27 pm By Miklos Bolza Sydney

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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Landmark class closure judgments ‘plainly wrong,’ appeals court told
Boral 2022-02-25 10:29 pm By Miklos Bolza Sydney

Judgments shooting down a class closure order and nixing notice of a possible class closure order were “plainly wrong” and “infected” by faulty reasoning, the Full Federal Court has heard.

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Ill-fated cartel case shows ACCC should stay out of financial markets, ex-Deutsche Bank CEO says
ACCC 2022-02-11 7:23 pm By Cat Fredenburgh Melbourne

The CDPP’s decision to drop all criminal cartel charges against two banks and four individuals in a “test case” over a $2.5 billion ANZ share placement shows the ACCC “lacks expertise and objectivity” on the financial markets and should leave them to ASIC to regulate, according to one of the former accused.

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Charges dropped in landmark criminal cartel case over $2.5B ANZ share placement
ANZ 2022-02-11 11:03 am By Cat Fredenburgh Melbourne

In a stunning reversal, the Commonwealth Director of Public Prosecution has dropped all criminal cartel charges against two investment banks and four individuals in relation to a $2.5 billion ANZ share placement, four years after the charges were brought following an allegedly questionable investigation by the ACCC.

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

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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Class closure question expected to go up to High Court
Analysis 2021-12-06 3:56 pm By Christine Caulfield Melbourne

More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.

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Full Court to weigh in on class closure in Boral class action
Boral 2021-12-03 3:50 pm By Miklos Bolza Sydney

The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.

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Ono Pharmaceutical faces grilling by Full Court in patent extension appeal
Appeals 2021-11-04 9:20 pm By Miklos Bolza Sydney

Drug company Ono Pharmaceutical has faced tough questioning by an appeals court in a fight with IP Australia over a decision that secured it a patent extension for its cancer immunotherapy drug Opdivo.

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Fees for no service class action must clarify ‘serious allegations’ against AMP
AMP 2021-11-02 4:27 pm By Cindy Cameronne Sydney

A judge has ordered a class action against AMP to provide more detail in its case accusing the financial services firm of failing to disclose information to shareholders about allegedly misleading ASIC and charging clients fees for no service.

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BlueScope meeting made distributor ‘extremely uncomfortable’, ACCC tells court
ACCC 2021-11-01 5:58 pm By Cindy Cameronne Sydney

BlueScope general manager Jason Ellis made executives of a steel distributor “extremely uncomfortable” in a meeting where he presented the steel giant’s price list, a court hearing the ACCC’s price-fixing case was told Monday.

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