Home Page / Legislation / Competition and Consumer Act 2010 / s 44ZZW

Competition and Consumer Act 2010 (Cth)

RepealedSection 44ZZW
Corporation must not make private disclosure of pricing information etc. to competitors

On 6 November 2017 Part IV, Division 1A (Anti-competitive disclosure of pricing and other information) was repealed The Harper Reforms. None of the provisions in Division 1A were ever litigated.

The provision

A corporation must not make a disclosure of information if:

(a) the information relates to a price for, or a discount, allowance, rebate or credit in relation to, Division 1A goods or services supplied or likely to be supplied, or acquired or likely to be acquired, by the corporation in a market (whether or not the information also relates to other matters); and

(b) the disclosure is a private disclosure to competitors in relation to that market; and

(c) the disclosure is not in the ordinary course of business.

Note: Conduct that would otherwise contravene this section can be authorised under subsection 88(6A).


Legislative history