Facebook, Instagram to fight misuse of market power case by social media startup

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Facebook and Instagram will defend against claims they misused their market power to block an Australian marketing startup from their platforms, saying the company – which sends scheduled social media posts for clients — had breached their terms of use.

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Pacific National’s undertaking better for rail competition, says judge in tossing ACCC case

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Potential new entrants to a major freight terminal in Queensland will be “better protected” by a last-minute promise by the terminal’s hopeful owner, Pacific National, than if the ACCC had succeeded in blocking the rail operator’s proposed $205 million acquisition, according to the judge who dismissed the competition watchdog’s case.  

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ACCC issues mea culpa after TPG, Vodafone merger gaffe

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The Australian Competition and Consumer Commission has apologised for botching the announcement of its plan to block the $15 billion merger of TPG and Vodafone, blaming a computer glitch for the error.

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‘Fantastic, in the true sense of the word’: judge slams Appco class action funder’s 40% cut

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A judge has raised serious concerns about the proposed commission by the funder behind a $90 million sham contracting class action against fundraiser Appco, slamming as “intuitively wrong” an arrangment that could leave group members pocketing less than half of any recovery.  

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SARB seeks to park vehicle detector patent case, says dispute settled 5 years ago

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Melbourne-based civic compliance firm SARB Management Group wants to put the brakes on a case brought by tech company Vehicle Monitoring Systems over a patented method for detecting vehicles, in a dispute it says was finalised in a settlement reached almost five years ago.

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Trial date at risk as Iluka Resources class races to lock in new funder

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The applicants in the Iluka Resources investor class action have just 14 days to sort out their funding troubles and provide a $1.25 million security, as a judge warns he will not be able to hold their trial date any longer.

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MACH Energy attacks former director’s ‘inconsistent’ pleadings in $20M lawsuit

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Mining firm MACH Energy may move to strike out “inconsistent” pleadings in a $20 million lawsuit brought by its former managing director, Scott Winter, whose discovery delays have raised the ire of the judge hearing the case.

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ASIC’s Shipton clarifies ‘why not litigate’ approach

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The Australian Securities and Investments Commission chair James Shipton has clarified the regulator’s “why not litigate” approach to enforcement, saying it does not mean “litigate first” or “litigate everything”.

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW

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The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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