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Competition Law Reading Room

The "real chance" interpretation of "likely"

Ankon Rahman
(2012) 40 Australian Business Law Review 196

 

Abstract/first paragraph

'In the next matter before the court which concerns s 50 of the Competition and Consumer Act 2010 (Cth), the interpretation of the word "likely" is expected to receive detailed consideration. This article argues why the "real chance" meaning of "likely", when applied at the second step of Emmett J's two-step approach, is not a departure from the usual standard of proof applied in civil litigation. Nevertheless, the "real chance" meaning of "likely" ought not to be applied to s 50 for alternate reasons which are discussed further in this note.'

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