Competition and Consumer Act 2010

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:

if the notification is not subject to phase 2 review—unless:

the commitment or undertaking is offered no later than 20 business days after the effective notification date of the notification; or

subsection 51ABZZE(3) applies to the commitment or undertaking in relation to the phase 1 determination period; or

if the notification is subject to phase 2 review—unless:

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

subsection 51ABZZE(3) applies to the commitment or undertaking in relation to the phase 2 determination period.

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.