Misuse of market power – why are private companies stepping in where the ACCC fears to tread?
The Competitive Edge
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The Challenges of Private Litigants Under Section 406
As a private litigant, you often bring your as earlier than the aople c would bring it. You end up more quickly moving into litigation and then using discovery or other tools to actually get your hands on some material. So that counter factore, all those factual issues can often be moving around under your feet even as you're developing evidence or putting your pleadings on. And in the third point, i guess it's one about remedies, right? I mean, some remedies are obvious. If you're being locked out of the at market, then you want to be let in. But if you're worried about the price that they're charging you, i they say, 30
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