Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 45DA

Secondary boycotts for the purpose of causing substantial lessening of competition

  (1)   In the circumstances specified in subsection   (3), a person must not, in concert with a second person, engage in conduct:

  (a)   that hinders or prevents:

  (i)   a third person supplying goods or services to a fourth person (who is not an employer of the first person or the second person); or

  (ii)   a third person acquiring goods or services from a fourth person (who is not an employer of the first person or the second person); and

  (b)   that is engaged in for the purpose, and would have or be likely to have the effect, of causing a substantial lessening of competition in any market in which the fourth person supplies or acquires goods or services.

Note 1:   Conduct that would otherwise contravene this section can be authorised under section   88.

Note 2:   This section also has effect subject to section   45DD, which deals with permitted boycotts.

  (2)   A person is taken to engage in conduct for a purpose mentioned in subsection   (1) if the person engages in the conduct for purposes that include that purpose.

  (3)   Subsection   (1) applies if:

  (a)   the third person or the fourth person is a corporation, or both of them are corporations; and

  (b)   the conduct would have or be likely to have the effect of causing substantial loss or damage to the business of one of those persons who is a corporation.


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