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The court dismissed certification of a proposed class action alleging Facebook scraped Android Messenger call and text data and violated privacy, unjust enrichment, and unlawful means claims.
The appeal was allowed because the Board's decision was unreasonable: its reasons were inadequate on critical points under Vavilov, it misinterpreted and exceeded its s.85 mandate by effectively regulating "reasonable" pricing and using the lowest international comparator without adequate justification for departing from Guidelines, and its remedial forfeiture under s.83 was inconsistent and relied on list prices rather than actual revenues; accordingly the Federal Court judgment was set aside, the Board's decision quashed and the matter remitted for redetermination.
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