Document ID: chunk:federal_register_of_legislation:C2007A00159:clause:2_2
Version: federal_register_of_legislation:C2007A00159
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 5119–6803

2  After subsection 46(3)
Insert:

 (3A) 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, the Court may have regard to the power the body corporate or bodies corporate has or have in that market that results from:
 (a) any contracts, arrangements or understandings, or proposed contracts, arrangements or understandings, that the body corporate or bodies corporate has or have, or may have, with another party or other parties; and
 (b) any covenants, or proposed covenants, that the body corporate or bodies corporate is or are, or would be, bound by or entitled to the benefit of.

 (3B) Subsections (3) and (3A) do not, by implication, 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.

 (3C) For the purposes of this section, without limiting the matters to which the Court may have regard for the purpose of determining whether a body corporate has a substantial degree of power in a market, a body corporate may have a substantial degree of power in a market even though:
 (a) the body corporate does not substantially control the 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.

 (3D) To avoid doubt, for the purposes of this section, more than 1 corporation may have a substantial degree of power in a market.