Section 80AC — Competition and Consumer Act 2010 (Cth)

If, on the application of the Commission, the Court is satisfied that:

(a) a person is proposing to acquire shares in the capital of a body corporate or assets of a person; and

(b) the person was granted a merger authorisation for the proposed acquisition on the basis of information that was false or misleading in a material particular; and

(c) that information was given by the person or a body corporate that was related to the person; and

(d) if that information had not been given, the authorisation would not have been granted; and

(e) apart from the authorisation, the acquisition would contravene section 50 if it occurred;

then the Court may grant an injunction in such terms as the Court determines to be appropriate.

Related sections

• s 80 — Injunctions
• s 80A — Price exploitation in relation to the carbon tax repeal—orders limiting prices or requiring refunds of money
• s 80AB — Stay of injunctions
• s 80AD — Injunctions if acquisition determinations made on the basis of false or misleading information
• s 81 — Divestiture where merger contravenes section 50 or 50A
• s 81A — Divestiture where merger done under authorisation granted on false etc. information

Research how courts apply s 80AC

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