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  • 99360
    12 December 2013
    From the vulgarian to the astute: does it matter?

    By Rani John and Andrew Willekes

    We discuss the High Court’s majority decision in ACCC v TPG [2013] HCA 54 and how it provides important guidance on the question of how the knowledge imputed to the reasonable consumer impacts the assessment of whether advertising is misleading or deceptive.

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  • 99359
    12 December 2013
    NBN Strategic Review: No Easy Way Out

    By Peter Waters

    This is a summary of the Strategic Review provided to Minister Turnbull by NBN Co, with the assistance of Deloitte, Boston Consulting and KordaMentha.

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  • 99358
    06 December 2013
    Federal Court finds Flight Centre attempted to induce various airlines to enter into price fixing arrangements

    By Simon Snow and Andrew Low

    On Friday 6 December, the Federal Court of Australia published its reasons in ACCC v Flight Centre Limited (No 2) [2013] FCA 1313, finding that Flight Centre attempted, on six occasions, to induce three airlines (being Singapore Airlines, Emirates and Malaysia Airlines) to make collusive arrangements with it in relation to Flight Centre’s retail or distribution margin for air fares for international air travel in the period August 2005 to March 2009. The Court found that these collusive arrangements would have (if entered into) lessened competition in the market for the retail sale or distribution of airline tickets.

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  • 99357
    25 November 2013
    Court of Criminal Appeal quashes conviction for insider trading

    By Rani John, Genevieve Rahman & Lara Hall

    On 20 November 2013, the NSW Court of Criminal Appeal published its reasons for its decision on 17 July 2013 to quash Stuart Fysh’s convictions for insider trading, relating to the purchase of shares in Queensland Gas Company. We discuss the Court of Criminal Appeal’s decision.

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  • 99356
    07 November 2013
    Recovering mistakenly produced privileged documents: the High Court’s decision in Expense Reduction Analysts Group v Armstrong Strategic Management

    By Rani John and Alistair Schaefer

    With the size and complexity of commercial litigation on the rise, and a corresponding increase in the size and complexity of discovery, it is an unfortunate reality that mistakes can sometimes occur during the discovery process.

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