Injunctions relating to acquisitions for which orders may be, or are being, sought under section 77E
77F Injunctions relating to acquisitions for which orders may be, or are being, sought under section 77E
This section applies if the Commission:
is investigating whether an order could be sought under subsection 77E(1) or (2) in relation to an acquisition; or
is applying for an order under subsection 77E(1) or (2) in relation to an acquisition.
The Federal Court may, on the application of the Commission, grant an injunction restraining a person from engaging in conduct if the Court is of the opinion that it is desirable to do so:
if paragraph (1)(a) applies—pending the outcome of the Commission’s investigation; or
if paragraph (1)(b) applies—pending the determination of the application for an order under subsection 77E(1) or (2).
The Court may rescind or vary such an injunction.
The power of the Court to grant such an injunction restraining a person from engaging in conduct may be exercised:
whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and
whether or not the person has previously engaged in conduct of that kind; and
whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person engages in conduct of that kind.
The Court must not require the Commission or any other person, as a condition of granting such an injunction, to give any undertakings as to damages.
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