Commonwealth Consolidated Acts

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Injunctions to prevent mergers if authorisation granted on the basis of false or misleading information

    If, on the application of the Commission, the Court is satisfied that:

  (a)   a person is proposing to acquire shares in the capital of a body corporate or assets of a person; and

  (b)   the person was granted a merger authorisation for the proposed acquisition on the basis of information that was false or misleading in a material particular; and

  (c)   that information was given by the person or a body corporate that was related to the person; and

  (d)   if that information had not been given, the authorisation would not have been granted; and

  (e)   apart from the authorisation, the acquisition would contravene section   50 if it occurred;

then the Court may grant an injunction in such terms as the Court determines to be appropriate.

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