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Competition and Consumer Act 2010 (Cth)

Section 44ZZV
Meaning of private disclosure to competitors

 

The provision

Main definition

(1) A disclosure of information by a corporation is a private disclosure to competitors, in relation to a particular market, if the disclosure is to one or more competitors or potential competitors of the corporation in that market, and is not to any other person.

Note: The effect of section 44ZZU must be taken into account in working out whether the disclosure is to one or more competitors or potential competitors, and is not to any other person.

Anti avoidance

(2) For the purpose of determining whether a corporation has made a private disclosure to competitors in relation to a particular market, the fact that the disclosure is also made to a person who is not a competitor or potential competitor of the corporation in that market is to be disregarded if:

(a) for a disclosure that is not made through an intermediary - the corporation made the disclosure to the person for the purpose of avoiding the application of section 44ZZW to the disclosure; or

(b) for a disclosure that is made through an intermediary - either:

(i) the corporation directed or requested the intermediary to disclose the information to the person for the purpose of avoiding the application of section 44ZZW to the disclosure; or

(ii) the intermediary disclosed the information to the person for the purpose of avoiding the application of section 44ZZW to the disclosure.

Fact that the information is otherwise available is not relevant

(3) The question whether a disclosure of information by a corporation is a private disclosure to competitors is not affected by the information otherwise being or becoming available to competitors or potential competitors of the corporation in the market, or to other persons.

 

Legislative history

 

Commentary

Forthcoming