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Class action against Suncorp unit wants opt out notice delayed till eve of trial
Automotive 2022-02-18 1:55 pm By Christine Caulfield Melbourne

The law firm behind a consumer class action against Suncorp subsidiary AAI over add-on car insurance says notices to group members should not be sent until the case is ready for trial and the “information asymmetry” is corrected.

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Zoetis’ takeover bid for Jurox raises competition concerns
ACCC 2022-02-17 10:10 pm By Christine Caulfield Melbourne

The Australian Competition and Consumer Commission has raised concerns about a proposed takeover of NSW-based pet drug maker Jurox by US animal health giant Zoetis.

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Insurer has second crack at dodging doctor’s class action defence costs
Appeals 2022-02-17 9:32 pm By Bianca Hrovat Sydney

Avant Insurance has challenged a Federal Court judge’s interpretation of the Insurance Contracts Act in its second attempt to avoid liability for the defence costs of a plastic surgeon named in a class action brought over botched breast augmentations.

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ACCC faces tough questions in appeal of NSW Ports competition case
ACCC 2022-02-17 2:15 pm By Christine Caulfield Melbourne

An appeals court grilled counsel for the ACCC on the first day of a hearing challenging the dismissal of its case over a NSW government deal to privatise two ports, calling on the lawyer to spell out how the state was alleged to be in competition with the consortium that took over the ports.

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Viterra to pay $168.9M for misleading Cargill during Joe White sale
Agriculture 2022-02-17 2:05 pm By Cat Fredenburgh Melbourne

Grain producer Viterra will be ordered to pay Cargill Australia $168.9 million after a judge found the Glencore-owned company  misrepresented the performance capabilities of malt producer Joe White when it sold the company for $420 million in 2013.

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CDPP spent $1.26M on cartel case against banks
Competition & Consumer Protection 2022-02-16 2:11 pm By Cat Fredenburgh Melbourne

Commonwealth Director of Public of Prosecutions Sarah McNaughton has defended her office’s decision to drop all criminal cartel charges over a $2.5 billion ANZ share raising, revealing the CDPP has so far spent $1.26 million in external costs in pursuing the case.

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Booktopia denies ‘systematically’ refusing refunds after 2 days
Competition & Consumer Protection 2022-02-15 2:10 pm By Christine Caulfield Melbourne

Online book retailer Booktopia has admitted it scrapped a term requiring two days’ notice of damaged or incorrect books, but rejects claims by the ACCC that the policy resulted in a systematic refusal to refund customers.

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ACCC wins case against J Hutchinson, CFMEU over construction boycott
ACCC 2022-02-14 2:36 pm By Cat Fredenburgh Melbourne

In a victory for the Australian Competition and Consumer Commission, a judge has found that builder J Hutchinson entered into an anti-competitive agreement with the CFMEU to boycott an independent subcontractor at a construction site in Brisbane.

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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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Tireless defence by lawyers felled criminal cartel case against banks
Allens 2022-02-11 11:20 am By Cat Fredenburgh Melbourne

From a lengthy committal hearing challenging the ACCC’s investigatory techniques to repeated attacks on the prosecution’s indictment, an indefatigable team of barristers and lawyers across eight law firms helped bring an end to the four-year long pursuit of criminal cartel charges against three banks and six individuals over a $2.8 billion ANZ share placement.

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