COMPETITION LAW — representative proceeding against Apple by developers and users — representative proceeding against Google by developers and users — group members’ claims for overcharge — digital technology — Apple mobile devices — Android mobile devices — operating system software — smart phones — tablets — personal computers — native apps — web apps — web browsers — Apple’s App Store —Google’s Play Store — downloading apps — installing apps — app developers — access to platforms — two-sided platforms — platform operators — distribution services market — market for payment services — Apple and Google restrictive conduct in distribution market and payments market — imposition of restrictive contractual conditions — substantial lessening of competition — contraventions of s 46 of the Competition and Consumer Act 2010 (Cth) — alleged contraventions of ss 45 and 47 —unconscionable conduct — alleged contravention of s 21 of the Australian Consumer Law — counterfactual commissions in the absence of contravening conduct — overcharge of commission by Apple — overcharge of commission by Google — consequential relief
Recent cases about competition law
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Chan v Commonwealth of Australia as represented by the NDIS Quality and Safeguards Commission [2023] FCA 1458
ADMINSTRATIVE LAW – Employment Law – application for judicial review – interlocutory application for suspension of a decision to suspend APS employee from employment – serious question to be tried – balance of convenience – orders made
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Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd [2023] FCA 1463
PRACTICE AND PROCEDURE – application for interlocutory injunction – ex parte application – strong prima facie case of trade mark and copyright infringement, and breach of s 18 and s 29 of the Australian Consumer Law – First Respondent’s two websites use the applicants’ logos and other branded content, and falsely indicate the First Respondent…
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
CONTRACT – restraint of trade – confidentiality clause – admissions made of breaches of contract during hearing of trial in relation to competing business – certain relief granted at conclusion of trial CONSUMER LAW – admitted breaches of Australian Consumer Law – injunctions and corrective advertising ordered before final judgment in interests of consumers COPYRIGHT…
