Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p22
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 52264–54888

in that market of any other covenant or proposed covenant to the benefit of which—
     (a) a corporation that, or person who, is or would be, or but for sub-section (1) would be, entitled to the benefit of the first-mentioned covenant or proposed covenant; or
     (b) a person associated with the corporation referred to in paragraph (a) or a corporation associated with the person referred to in that paragraph,
is or would be, or but for sub-section (1) would be, entitled.
"(5) The requiring of the giving of, or the giving of, a covenant does not constitute a contravention of this section by reason that giving effect to the covenant would, or would but for the operation of sub-section 88(8) or section 93, constitute a contravention of section 47 and this section does not apply to or in relation to engaging in conduct in relation to a covenant by way of—
     (a) conduct that contravenes, or would but for the operation of sub-section 88(8) or section 93 contravene, section 47; or
     (b) doing an act by reason of a breach or threatened breach of a condition referred to in sub-section 47(2), (4), (6) or (8), being an act done by a person at a time when—
       (i) an authorization under sub-section 88(8) is in force in relation to conduct engaged in by that person on that condition; or

       (ii) by reason of sub-section 93(7) conduct engaged in by that person on that condition is not to be taken to have the effect of substantially lessening competition within the meaning of section 47.
"(6) This section does not apply to or in relation to a covenant or proposed covenant where the only persons who are or would be respectively bound by, or entitled to the benefit of, the covenant or proposed covenant are persons who are associated with each other or are bodies corporate that are related to each other.
"(7) For the purposes of this section, section 45c and sub-paragraph 87(3)(a)(ii), a person and a corporation shall be taken to be associated with each other in relation to a covenant or proposed covenant if, and only if—
     (a) the person is under an obligation (otherwise than in pursuance of the covenant or proposed covenant), whether formal or informal, to act in accordance with directions, instructions or wishes of the corporation in relation to the covenant or proposed covenant; or
     (b) the person is a body corporate in relation to which the corporation is in the position mentioned in sub-paragraph 4a(1)(a)(ii).
"(8) The requiring by a person of the giving of, or the giving by a person of, a covenant in relation to which sub-section 88(5) applies is not a contravention