Document ID: chunk:federal_register_of_legislation:C2017A00114:clause:9_5
Version: federal_register_of_legislation:C2017A00114
Segment Type: clause
Provision Reference: sch 9 cl 5
Character Range: 53813–54960

5  Subsection 93(3)
Repeal the subsection, substitute:
 (3) If the Commission is satisfied that the engaging by a corporation in conduct or proposed conduct of a kind described in subsection 47(2), (3), (4), (5), (6), (7), (8) or (9) and referred to in a notice given by the corporation under subsection (1):
 (a) has or would have the purpose or has or is likely to have, or would have or be likely to have, the effect of substantially lessening competition within the meaning of section 47; and
 (b) in all the circumstances:
 (i) has not resulted or is not likely to result, or would not result or be likely to result, in a benefit to the public; or
 (ii) has resulted or is likely to result, or would result or be likely to result, in a benefit to the public that has not or would not outweigh the detriment to the public that has resulted or is likely to result from the conduct or would result or be likely to result from the proposed conduct;
the Commission may at any time give notice in writing to the corporation stating that the Commission is so satisfied and accompanied by a statement setting out its reasons for being so satisfied.