IN BRIEF
If you are thinking of buying or selling a business, recent
developments in this area of the law provide some valuable lessons
to avoid falling into common traps. There are important lessons to
be learnt in the areas of avoiding potential cartel-conduct, post
deal announcements, excluded assets and documents, warranty
insurance and the release of Security Interests from the PPSR.
Here's our list of 5 things anyone buying or selling a
business needs to be thinking about right now.
- Know who you're dealing with, and be honest about
who you're acting for – bid-rigging and the Cartel
provisions
Earlier this year, the Federal Court handed down its decision in
Norcast S.ar.L v Bradken Limited (No 2) and set quite a
low threshold for establishing liability for bid-rigging under the
cartel provisions of the Competition and Consumer Act 2010
(Cth) (CCA).
