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ACCC drops investigation into Qantas’ Alliance stake
ACCC 2022-04-05 6:22 pm By Miklos Bolza Sydney

The ACCC has ended its three-year investigation into Qantas Airways’ 19.9 per cent stake in ‘fly in fly out’ airline Alliance Aviation without enforcement action.

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Judge takes ‘wait and see’ approach to trial in Epic cases against Apple, Google
Allens 2022-04-05 2:49 pm By Miklos Bolza

A judge has held off selecting from a “basket of imponderables” in determining how he will hear two competition lawsuits by Epic Games against Apple and Google over the removal of the popular multiplayer game Fortnite from the tech giants’ online stores.

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Major banks hit back at rate-rigging class action, argue claims are barred
Allen & Overy 2022-04-04 9:10 pm By Cindy Cameronne Sydney

Five major banks including JPMorgan, Citibank and UBS have denied all wrongdoing in a class action accusing them of entering a cartel agreement to rig foreign exchange rates and argue the claims were brought out of time or are barred by settlements in overseas proceedings.

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WSP to target another insurer over Opal Tower class action coverage after discovering $50M policy
Class Actions 2022-04-04 3:56 pm By Cat Fredenburgh Melbourne

The structural engineer behind Sydney’s Opal Tower plans to drag insurer Tokio Marine into a lawsuit against two of Icon’s insurers, after discovering another $50 million policy that responds to claims in a class action brought by apartment owners.

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Full Court ruling on MIS regime may not resolve funding issues in RFG class action, court hears
Arnold Bloch Leibler 2022-04-01 4:54 pm By Cat Fredenburgh Melbourne

A case before the Full Court that will revisit the question of whether class actions are managed investment schemes may not resolve all of the funding controversies that have emerged in a class action against franchise giant Retail Food Group, a court has heard.

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Mercedes-Benz to argue Takata airbags recall was invalid
Australian Government Solicitor 2022-04-01 1:39 pm By Cat Fredenburgh Melbourne

Mercedes-Benz will defend ACCC proceedings alleging it exposed consumers to serious injury or death by failing to comply with obligations under a compulsory recall of potentially deadly Takata airbags by arguing the recall was invalid.

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Insurer on hook for doctor’s costs in breast implant class action
Appeals 2022-03-31 1:59 pm By Sam Matthews Melbourne

An appeals court has found that Avant Insurance must indemnify a plastic surgeon for his legal bills and the claims of all relevant group members in a class action over alleged botched breast augmentations.

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ACCC flags competition concerns over $1.2B Port of Geelong acquisition
ACCC 2022-03-31 1:54 pm By Cat Fredenburgh Melbourne

The ACCC has expressed preliminary concerns that Spirit Super and Palisade Investment Partners’ proposed $1.2 billion acquisition of the Port of Geelong could substantially lessen competition in Victoria for the supply of bulk cargo port services.

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Securing ACCC nod for patent settlement with rivals no easy task, first draft decision shows
Competition & Consumer Protection 2022-03-31 1:42 pm By WP Creative

The competition regulator has proposed to deny authorisation for a patent settlement that sought to permit early entry of generic drugs. Whether the companies involved will be able to quell the ACCC’s concerns remains to be seen, but what is clear is that future authorisation applications will contend with significant forensic challenges, writes Corrs Chambers Westgarth’s Odette Gourley, Richard Flitcroft, David Fixler and Ian Reynolds.

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7-Eleven class action lawyer accused of retaliation, deliberate late billing
7-Eleven 2022-03-30 9:39 pm By Cindy Cameronne Sydney

A solicitor running two franchisee class actions against 7-Eleven “retaliated” against a group member who objected to a $98 million settlement and issued a late $6.5 million legal bill to benefit a litigation funder, a court has heard.

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