Section 45EA — Competition and Consumer Act 2010 (Cth)

A person must not give effect to a provision of a contract, arrangement or understanding if, because of the provision, the making of the contract or arrangement, or the arriving at the understanding, by the person:

(a) contravened subsection 45E(2) or (3); or

(b) would have contravened subsection 45E(2) or (3) if:

(i) section 45E had been in force when the contract or arrangement was made, or the understanding was arrived at; and

(ii) the words “is in writing and” and “written” were not included in subsection 45E(4).

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

Related sections

• s 45DC — Involvement and liability of employee organisations
• s 45DD — Situations in which boycotts permitted
• s 45E — Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services
• s 45EB — Sections 45D to 45EA do not affect operation of other provisions of Part
• s 46 — Misuse of market power
• s 46A — Misuse of market power—corporation with substantial degree of power in trans‑Tasman market

Research how courts apply s 45EA

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.