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The class action settlements that came under fire in 2021
If evidence were needed that courts are not rubber stamping class action settlements, the scrutiny of multi-million dollar agreements in 2021 is proof positive that judicial oversight of representative proceedings is robust.
ACCC blesses $23.6B private equity takeover of Sydney Airport
The Australian Competition and Consumer Commission will not oppose the $23.6 billion takeover of Sydney Airport by an international consortium of investors, finding further consolidation is unlikely to lessen competition in a market which is already a "natural monopoly".
Port of Newcastle can charge Glencore higher access fees, High Court rules
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.
WiseTech reaches settlement in freight forwarder’s restraint of trade case
Freight forwarding company Mondiale has dropped its court action against WiseTech Global alleging the logistics firm breached competition law by misusing its substantial market power.
Joint venture lobs $50M lawsuit over $1.37B Melbourne Metro payout
A joint venture which helped design the Melbourne Metro has filed a $50 million lawsuit claiming they were not given enough of a $1.37 billion payout promised by the state's government to cover additional work.
ACCC investigates Qube’s ‘worrying’ $90M acquisition of bulk grain terminal
The Australian Competition and Consumer Commission has launched an investigation into logistics company Qube’s recent $90 million acquisition of the Newcastle Agri Terminal.
Judge vacates Ruby Princess class action trial
A judge has vacated a March hearing in a class action against cruise operator Carnival over last year's Ruby Princess COVID-19 outbreak, a week after resolving an almost year-long dispute about whether overseas passengers could be part of the proceeding.
WiseTech accused in freight forwarder’s lawsuit of misusing market power
Freight forwarding company Mondiale has filed a lawsuit against Wisetech Global alleging the logistics software firm breached competition law by misusing its substantial market power.
Carnival can’t exclude overseas passengers from Ruby Princess class action
Cruise operator Carnival has lost its bid to exclude US and UK passengers from a class action over the 2020 Ruby Princess COVID-19 outbreak, with a judge finding the Federal Court was not a "clearly inappropriate forum" to hear the dispute.
ACCC must pay costs of NSW as ‘necessary and proper party’ in ports case
A judge has ordered the ACCC to pay the State of NSW's costs in its failed proceeding against NSW Ports, finding that even though the consumer watchdog did not initially sue the state government that it was a "necessary and proper" party to the case.