Litigation

Out-manoeuvring generic competitors is big business for originators in the pharmaceutical industry, but the US Federal Trade Commission (FTC) has indicated it thinks some tactics, in this case ‘product hopping’, or ‘product switching’, may be...

Read More →

TPG has had its $2 million fine substantially reversed on appeal but the ACCC is refusing to accept the second significant penalty reduction in the telecommunications arena. On 20 December 2012 the full Federal Court...

Read More →

Apple and publishers in EC’s bad (e)books

December 19, 2012 | 2 Comments

The European Commission (EC) has settled its investigation into the potential e-book price fixing practices of Apple and four of the world’s largest publishers following commitments from Apple and each of the publishers to cease...

Read More →

The bell has been rung on Electrabel

December 14, 2012 | 0 Comments

On 12 December 2012, the European Union General Court threw the book at Belgian energy company Electrabel by upholding a decision by the European Commission (EC) to fine the company €20 million for failure to...

Read More →

Rocky road ahead

December 10, 2012 | 0 Comments

Cadbury, Hershey, Mars and Nestlé, which collectively account for 76% of the chocolate market in the US, have been sued by a grocery wholesaler for price-fixing in the District Court of Kansas. The action was...

Read More →

Foreign companies that engage in cartel conduct in Australia may be out of sight, but they are certainly not out of mind (or out of reach) when it comes to the ACCC enforcing the provisions...

Read More →

Earlier in September, Justice Dowsett of the Federal Court handed down a decision ordering three publishing companies (‘Elite Publishing’) to pay total penalties of $400,000 for misleading and deceptive conduct and unconscionable conduct. The companies’...

Read More →

Back in 2005, a number of merchants commenced class actions against Visa and Mastercard, alleging the companies had conspired with US banks to fix credit card processing fees, at around 2 per cent of the...

Read More →

The Pilbara saga continues

September 25, 2012 | 0 Comments

The High Court has delivered its decision on Fortescue’s long running attempt to get access to two of Rio Tinto’s railway lines in the Pilbara under Part IIIA of the Trade Practices Act 1974 (as it was...

Read More →

In the past week, the ACCC and New Zealand Commerce Commission (NZCC) have both defeated challenges to the prosecution of cartel conduct engaged in by companies that operate on an international scale. In Australia, the...

Read More →