CLAW1001 Lecture Notes - Lecture 12: Australian Consumer Law, Consumer Protection, Exclusive Dealing

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18 Jul 2018
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The restricted trade practices: anti-competitive agreements basic principles section 45 (1, a corporation must not undertake actions if it has the purpose, or would likely have the effect, of substantially lessening competition. Make a contract or arrangement or arrive at an understanding. Give effect to a contract, arrangement or understanding. Engage with one or more persons in a concerted practice in general. Engage with one or more persons in concerned practice. Has the purpose of would likely have the effect substantially lessen competition (hinder/prevent: anti-competitive agreements the elements, contract or arrangement or understanding. Arrangement requires meeting of the minds inferred by indirect or circumstantial evidence: engage with one or more persons in a concerted practice. No communication between parties, only changing the prices. Conduct that involves that some kind of engagement with the other party: has the purpose or would be likely to have the effect intention of the parties (subjective)

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