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Abandoned IVF clinic merger no win for ACCC, judge says
ACCC 2022-03-01 4:54 pm By Christine Caulfield

The ACCC got what it wanted when IVF providers Virtus Health and Healius terminated a proposed $45 million merger, but it wasn’t a win, a judge has said in mostly denying the regulator’s bid to recover the costs of its court challenge to the deal.

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Viterra hit with $124M in interest on top of $168.9M in damages owed to Cargill
Agriculture 2022-02-28 5:54 pm By Sam Matthews

Grain producer Viterra has been ordered to pay Cargill Australia $124 million in pre-judgment interest on top of the $168.9 million it was ordered to pay after a judge found it misrepresented the performance capabilities of Joe White during the $420 million sale of the malt producer.

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ACCC weighs changing the law to rein in tech giants
ACCC 2022-02-28 3:47 pm By Sam Matthews

The Australian Competition and Consumer Commission is considering whether new laws are needed to rein in Google, Apple and Facebook, including rules to curb self-preferencing conduct and strengthen the merger review framework.

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Ford class action parties battle over potential appeal blowout
Allens 2022-02-25 3:19 pm By Christine Caulfield

An appeal in a class action over Ford’s alleged defective Powershift transmission could blow out by a week, with the applicant filing a cross appeal in a case that comes down to three provisions of the Australian Consumer law given little or no attention by the Full Court.

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ACCC weighs ‘mix and match’ sell-off in Cargotec, Konecranes merger
Competition & Consumer Protection 2022-02-24 11:06 pm By Sam Matthews

The Australian Competition and Consumer Commission is weighing court enforceable undertakings proposed by Finnish cargo handling companies Cargotec and Konecranes to alleviate concerns their merger would be anticompetitive.

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Mayfair’s ex-lawyers may fight claim that ‘flagrant incompetence’ led to court loss
Allens 2022-02-24 7:36 pm By Bianca Hrovat

Former legal representatives of companies in the Mayfair 101 group are considering an application to strike out part of an appeal that alleges their “flagrant incompetence” led to director James Mawhinney copping a 20-year ban on soliciting investor funds.

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Lawyers plan second class action against Scenic Tours over disrupted European cruises
Class Actions 2022-02-23 2:52 pm By Bianca Hrovat

Scenic Tours is facing a potential second class action over a series of European cruises that went ahead in 2018 despite a record-breaking drought that saw river levels drop so low they became impassable.

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Maurice Blackburn ‘more savvy than the rest of us’, judge says in Fearless Girl spat
Appeals 2022-02-22 9:21 pm By Bianca Hrovat

A Full Federal Court judge has questioned whether law firm Maurice Blackburn was “savvy” to the origins of New York’s famous Fearless Girl statue when it launched a copycat marketing campaign in Melbourne’s Federation Square.

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Kazal brothers hit with $1.5M judgment for ‘vendetta’ against ex-business partner
Competition & Consumer Protection 2022-02-21 9:35 pm By Sam Matthews

A judge has hit brothers Adam and Charif Kazal with $1.45 million in damages in a defamation lawsuit brought by their former business partner Rodric David and his company, finding the Kazals vilified and denigrated David as part of a ‘vendetta’.

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Maurice Blackburn appropriated Fearless Girl statue for ‘gender equality credentials’, court told
Advertising 2022-02-21 9:06 pm By Bianca Hrovat

Law firm Maurice Blackburn deliberately appropriated the iconic Fearless Girl statue in order to promote its own gender equality credentials, the Full Federal Court has heard.

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