Document ID: chunk:federal_register_of_legislation:C2017A00087:clause:1_46:p2
Version: federal_register_of_legislation:C2017A00087
Segment Type: clause
Provision Reference: sch 1 cl 46 (pt 2/2)
Character Range: 4629–5820

(5) For the purposes of this section, a body corporate may have a substantial degree of power in a market even though:
 (a) the body corporate does not substantially control that market; or
 (b) the body corporate does not have absolute freedom from constraint by the conduct of:
 (i) competitors, or potential competitors, of the body corporate in that market; or
 (ii) persons to whom or from whom the body corporate supplies or acquires goods or services in that market.
 (6) Subsections (4) and (5) do not limit the matters to which regard may be had in determining, for the purposes of this section, the degree of power that a body corporate or bodies corporate has or have in a market.
 (7) To avoid doubt, for the purposes of this section, more than one corporation may have a substantial degree of power in a market.
 (8) In this section:
 (a) a reference to power is a reference to market power; and
 (b) a reference to a market is a reference to a market for goods or services; and
 (c) a reference to power in relation to, or to conduct in, a market is a reference to power, or to conduct, in that market either as a supplier or as an acquirer of goods or services in that market.