Competition and Consumer Act 2010 (Cth)
Section 44ZZRC Extended meaning of party
Note: The Harper Reforms came into operation on 6 November 2017. This section has been modified and re-numbered. This page reflects the content of the provision immediately prior to the commencement of the Harper Reforms. Please visit section 45AC for the current provision
The provision
For the purposes of this Division, if a body corporate is a party to a contract, arrangement or understanding (otherwise than because of this section), each body corporate related to that body corporate is taken to be a party to that contract, arrangement or understanding.
Legislative history
Introduced by Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009
Operative: 24 July 2009
Commentary
The insertion of this provision was part of the package of reforms introducing criminal penalties for cartel conduct. The reforms also created a parallel civil cartel prohibition, replacing the former s 45A which dealt directly with price-fixing.
The reforms were initially recommend by the Dawson Committee as part of its 2002-2003 inquiry into the Competition Law provisions of the Trade Practices Act.
See further information and resources on the cartel page.
