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Asahi’s $16B takeover of CUB gets frosty reception by ACCC
Competition & Consumer Protection 2019-12-12 11:15 pm By Christine Caulfield

The Australian Competition and Consumer Commission has raised concerns about Asahi’s proposed $16 billion acquisition of Carlton & United Breweries, saying the deal would likely reduce competition in the cider market and could also impact on the beer market.

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Domino’s slammed by judge for ‘ridiculous’ redactions in class action docs
Class Actions 2019-12-06 10:02 pm By Christine Caulfield

Pizza chain Domino’s has been blasted for redactions in documents it has produced in a class action over worker pay, with a judge warning the franchisor that it could not act as “judge and jury” in deciding what information could be given to the applicant.

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Burger chain owes $1.1M in worker underpayments
Employment 2019-12-06 2:18 pm By

Burger chain MOS Burger Australia has paid $1.12 million in outstanding wages owed to former workers, following an investigation by the Fair Work Ombudsman.

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Judge says High Court did not rule out common fund orders at settlement
Class Actions 2019-12-06 1:58 pm By Christine Caulfield

The High Court’s ruling Wednesday that judges have no power to issue a common fund order in the initial phases of a class action does not bind them after a settlement has been reached, a Federal Court judge said Friday.

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Bellamy’s to pay $49.7M to settle shareholder class actions
Class Actions 2019-11-27 10:05 pm By Cat Fredenburgh

Infant food maker Bellamy’s has agreed to pay $49.7 million to settle two shareholder class actions alleging the company misled investors in 2016 about its China growth strategy and declining infant formula market share in Australia.

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Sobering moment: D’Aquino Bros barred from labeling booze as Scotch
Food and Beverage 2019-11-19 11:22 pm By Cat Fredenburgh

Australian liquor retailer D’Aquino Bros has settled a trade mark infringement lawsuit brought by the UK’s Scotch Whisky Association, after agreeing to injunctions barring it from peddling its brew as Scotch.

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Chinese co’s $1.5B acquisition of Bellamy’s baby food empire gets the green light
Allens 2019-11-15 12:11 pm By Miklos Bolza

The Federal Government has conditionally approved a $1.5 billion acquisition of all shares in baby food and milk formula manufacturer Bellamy’s Australia by a Hong Kong-based dairy firm after finding the transaction was “not contrary to the national interest”.

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Key insight into claim on Warranty & Indemnity insurance
Agriculture 2019-11-14 9:35 pm By Christine Caulfield

The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity policy is entitled to indemnity from an insurer when it relied on income and liability warranties in a share sale agreement and those warranties were breached, a case that provides welcome guidance on the contractual interpretation of W&I policies, writes Justin McDonnell and Rebecca LeBherz of King & Wood Mallesons.

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Monster Energy takes on ‘mother’ of a trade mark battle
Davies Collison Cave 2019-11-13 3:44 pm By Cat Fredenburgh

Monster Energy has launched another Federal Court case against Vittoria Food & Beverage seeking to block the coffee maker from trading on the popularity of its Mother energy drink brand, and the beverage giant will have to convince the court that its brand is not so strong that confusion among consumers is not likely.

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‘Mother’ consumers know best: IP Australia shuts down Monster Energy’s trade mark opposition
Angus Lang 2019-11-08 11:32 pm By Cat Fredenburgh

Monster Energy has lost its opposition to coffee company Vittoria Food & Beverage’s proposed ‘Mothersky’ trade mark, with a delegate of the Trade Marks Office saying the energy drink company’s ‘Mother’ energy drink brand was so strong in the minds of consumers that there was no likelihood of confusion.

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