A secondary boycott is an attempt to influence the
actions of one business by exerting pressure on another related business
through the market place. An example was when environmental groups pressured
the ANZ Bank to withhold finance for a pulp mill proposed by one of its
customers, Gunns Ltd, on the grounds that the development would allegedly have
serious environmental impacts.
Under the Competition and Consumer Affairs Act 2010 (the
Act) secondary boycotts of Australian companies aimed at restricting company
trading are - with two exceptions – outlawed, and targetted companies can
expect the ACCC and the courts to protect them. However, the Act currently
allows secondary boycotts that are either designed to protect consumers, or are
substantially related to environmental protection.
Last month, the new Federal Government signalled its
intent to amend the Act to remove the exemption that allows secondary boycotts
related to environmental protection. Companies that have been targetted by
boycotts allowed under this exemption have long complained that the lack of accountability
afforded by the Act has effectively given eNGOs a licence to unfairly denigrate
them through sensationally false or misleading environmental claims......To Read More......
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