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

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

(a) a person is proposing to put an acquisition into effect; and

(b) the Commission made an acquisition determination under paragraph 51ABZE(1)(a) or 51ABZW(1)(a) in respect of a notification of the acquisition on the basis of information that was false or misleading in a material particular; and

(c) the information was material to the Commission making the determination; and

(d) that information was given by:

(i) the person; or

(ii) if the person is a body corporate—a body corporate that was related to the person; and

(e) apart from the determination, putting the acquisition into effect would contravene Subdivision B of Division 1A of Part IV;

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

Related sections

• 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 80AC — Injunctions to prevent mergers if authorisation granted 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
• s 81B — Divestiture etc. if acquisition determinations made on false etc. information or conditions not complied with

Research how courts apply s 80AD

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