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ARTICLE · 27 NOVEMBER 2011

Parallel Negotiations - the end of the line or a new frontier?

The case highlights the danger of assuming exclusivity in commercial dealings and using certain words in negotiations.

AustraliaAntitrust/Competition Law

A recent case heard by the Supreme Court of Appeal has highlighted the dangers of assuming exclusivity in commercial dealings and the use of certain words in your negotiations. In fact, if the findings in this case are anything to go by, telling the other party that a certain issue is a "deal breaker" could allow them to strike a deal with your competitor while you think you are still trying to reach an agreement!

Supermarket Wars

In 2007, Port Macquarie-Hastings Council invited Expressions of Interest for the purchase and development of land in the Council area to build a supermarket. This was the second time that the Council had tried to sell the land following a breakdown in the original negotiations with Coles and Woolworths.

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