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Australia secondary boycottarrangement or understandingsection 45e

ACCC v CFMEU

[2025] HCA 10
JurisdictionAustralia
CourtHigh Court of Australia
Year2025
StatusBinding authority

Key Principle

For the purposes of the secondary-boycott prohibition in s 45E of the Competition and Consumer Act 2010 (Cth), an 'arrangement or understanding' requires interaction by which one party expressly or tacitly communicates to the other a commitment to act or refrain from acting; merely succumbing to a threat of industrial action, without communicating such a commitment, does not constitute an understanding.

Area of Law

commercial

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