Competition and Consumer Act 2010
51ABZZCCommitments and undertakings
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51ABZZC Commitments and undertakings
(1) In considering a notification of an acquisition under Division 4, the Commission must not have regard to a commitment or undertaking offered by a party to an acquisition:
(a) if the notification is not subject to phase 2 review—unless:
(i) the commitment or undertaking is offered no later than 20 business days after the effective notification date of the notification; or
(ii) subsection 51ABZZE(3) applies to the commitment or undertaking in relation to the phase 1 determination period; or
(b) if the notification is subject to phase 2 review—unless:
(i) the commitment or undertaking is offered no later than the 60th business day occurring on or after the start of the phase 2 determination period; or
(ii) subsection 51ABZZE(3) applies to the commitment or undertaking in relation to the phase 2 determination period.
(2) In considering a public benefit application in relation to a notification of an acquisition under Division 5, the Commission must not have regard to a commitment or undertaking offered by a party to an acquisition unless subsection 51ABZZE(3) applies to the commitment or undertaking in relation to the determination period for the public benefit application.