Document ID: chunk:federal_register_of_legislation:C2008A00116:clause:2_5
Version: federal_register_of_legislation:C2008A00116
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 3259–4103

5  After subsection 46(6) of the Schedule
Insert:

 (6A) In determining for the purposes of this section whether, by engaging in conduct, a person has taken advantage of the person's substantial degree of power in a market, the court may have regard to any or all of the following:
 (a) whether the conduct was materially facilitated by the person's substantial degree of power in the market;
 (b) whether the person engaged in the conduct in reliance on the person's substantial degree of power in the market;
 (c) whether it is likely that the person would have engaged in the conduct if the person did not have a substantial degree of power in the market;
 (d) whether the conduct is otherwise related to the person's substantial degree of power in the market.
This subsection does not limit the matters to which the court may have regard.