Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p16
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 37398–40228

the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition; or
     (b) give effect to a provision of a contract, arrangement or understanding, whether the contract or arrangement was made, or the understanding was arrived at, before or after the commencement of this section, if that provision—
       (i) is an exclusionary provision; or
       (ii) has the purpose, or has or is likely to have the effect, of substantially lessening competition.
"(3) For the purposes of this section and section 45a, 'competition', in relation to a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, means competition in any market in which a corporation that is a party to the contract, arrangement or understanding or would be a party to the proposed contract, arrangement or understanding, or any body corporate related to such a corporation, supplies or acquires, or is likely to supply or acquire, goods or services or would, but for the provision, supply or acquire, or be likely to supply or acquire, goods or services.
"(4) For the purposes of the application of this section in relation to a particular corporation, a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding shall be deemed to have or to be likely to have the effect of substantially lessening competition if that provision and any one or more of the following provisions, namely—
     (a) the other provisions of that contract, arrangement or understanding or proposed contract, arrangement or understanding; and
     (b) the provisions of any other contract, arrangement or understanding or proposed contract, arrangement or understanding to which the corporation or a body corporate related to the corporation is or would be a party,
together have or are likely to have that effect.
"(5) This section does not apply to or in relation to—
     (a) a provision of a contract where the provision constitutes a covenant to which section 45b applies or, but for sub-section 45b(9), would apply;
     (b) a provision of a proposed contract where the provision would constitute a covenant to which section 45b would apply or, but for sub-section 45b(9), would apply; or
     (c) a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding in so far as the provision relates to conduct that contravenes section 48 or would contravene that section if this Act defined the acts constituting the practice of resale price maintenance by reference to the maximum price at which goods are to be sold or are to be advertised, displayed or offered for sale.

"(6) The making of a contract, arrangement or understanding