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Notice given 26 September 2011

1263  Senator Boswell: To ask the Minister representing the Treasurer—In regard to the Australian Competition and Consumer Commission (ACCC) and its legal action against the acquisition of Franklins by Metcash:

(1) What are the costs associated with the ACCC’s Federal Court action and its request for an injunction pending the appeal.

(2) What are the estimated costs of the appeal against Justice Emmett’s judgment, including the potential awarding of costs to Metcash.

(3) What is the estimated exposure to a damages payout should the struggling Franklins business suffer unsustainable and irreparable losses during the appeal process.