Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p25
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 59381–61968

such a price, discount, allowance, rebate or credit in relation to a re-supply of the goods by persons to whom the goods are. supplied by the persons who are, or but for sub-section. 45b(1) would be, bound by or entitled to the benefit of the covenant, or by any of them, or by any persons associated with any of them; and
     (b) a proposed covenant shall be deemed to have the purpose, or to have, or to be likely to have, the effect, of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, the price for, or a discount, allowance, rebate or credit in relation to, goods supplied as mentioned in sub-section (2) if the proposed covenant has the purpose, or would have or be likely to have the effect, as the case may be, of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, such a price, discount, allowance, rebate or credit in relation to a re-supply of the goods by persons to whom the goods are supplied by the persons who would, or would but for sub-section 45b(1), be bound by or entitled to the benefit of the proposed covenant, or by any of them, or by any persons associated with any of them.
"(5) The reference in sub-section (1) to the supply or acquisition of goods or services by persons in competition with each other includes a reference to the supply or acquisition of goods or services by persons who, but for a provision of any contract, arrangement or understanding or of any proposed contract, arrangement or understanding, would be, or would be likely to be, in competition with each other in relation to the supply or acquisition of the goods or services.

Secondary boycotts.
"45d. (1) Subject to this section, a person shall not, in concert with another person, engage in conduct that hinders or prevents the supply of goods or services by a third person to a corporation (not being an employer of the first-mentioned person), or the acquisition of goods or services by a third person from a corporation (not being an employer of the first-mentioned person), where the conduct is engaged in for the purpose, and would have or be likely to have the effect, of causing—
     (a) substantial loss or damage to the business of the corporation or of a body corporate that is related to the corporation; or
     (b) a substantial lessening of competition in any market in which the corporation or a body corporate that is related to the corporation supplies or acquires goods or services.
"(2) Paragraph 4f(b) does not apply in relation to sub-section (1) of this section but a