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 subsection 88(7).

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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