Document ID: chunk:federal_register_of_legislation:C2025C00189:section:47:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 47 (pt 1/6)
Character Range: 459808–462412

47  Exclusive dealing
 (1) Subject to this section, a corporation shall not, in trade or commerce, engage in the practice of exclusive dealing.
 (2) A corporation engages in the practice of exclusive dealing if the corporation:
 (a) supplies, or offers to supply, goods or services;
 (b) supplies, or offers to supply, goods or services at a particular price; or
 (c) gives or allows, or offers to give or allow, a discount, allowance, rebate or credit in relation to the supply or proposed supply of goods or services by the corporation;
on the condition that the person to whom the corporation supplies, or offers or proposes to supply, the goods or services or, if that person is a body corporate, a body corporate related to that body corporate:
 (d) will not, or will not except to a limited extent, acquire goods or services, or goods or services of a particular kind or description, directly or indirectly from a competitor of the corporation or from a competitor of a body corporate related to the corporation;
 (e) will not, or will not except to a limited extent, re‑supply goods or services, or goods or services of a particular kind or description, acquired directly or indirectly from a competitor of the corporation or from a competitor of a body corporate related to the corporation; or
 (f) in the case where the corporation supplies or would supply goods or services, will not re‑supply the goods or services to any person, or will not, or will not except to a limited extent, re‑supply the goods or services:
 (i) to particular persons or classes of persons or to persons other than particular persons or classes of persons; or
 (ii) in particular places or classes of places or in places other than particular places or classes of places.
 (3) A corporation also engages in the practice of exclusive dealing if the corporation refuses:
 (a) to supply goods or services to a person;
 (b) to supply goods or services to a person at a particular price; or
 (c) to give or allow a discount, allowance, rebate or credit in relation to the supply or proposed supply of goods or services to a person;
for the reason that the person or, if the person is a body corporate, a body corporate related to that body corporate:
 (d) has acquired, or has not agreed not to acquire, goods or services, or goods or services of a particular kind or description, directly or indirectly from a competitor of the corporation or from a competitor of a body corporate related to the corporation;
 (e) has re‑supplied, or has not agreed not to re‑supply, goods or services, or goods or services of a particular