Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p53
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 127373–130114

proposed parties; or
     (b) the giving effect to such a provision of a contract, arrangement or understanding.
"(3) Sub-section (2) does not prevent the granting of an authorization under sub-section (1) in relation to—
     (a) a provision of a contract or arrangement made, or of an understanding arrived at, or of a proposed contract or arrangement to be made, or of a proposed understanding to be arrived at, for the purposes of a joint venture to the extent that the provision relates or would relate to the supply of goods in pursuance of the joint venture; or
     (b) a provision of a contract, arrangement or understanding, or of a proposed contract, arrangement or understanding, to the extent that the provision recommends or provides for recommending, or would recommend or provide for recommending, the price for, or a discount, allowance, rebate or credit in relation to, goods, where the parties to the contract, arrangement or understanding, or the proposed parties to the proposed contract, arrangement or understanding, include—
       (i) not less than 50 persons (bodies corporate that are related to one another being counted as a single person) who supply, in trade or commerce, goods to which the provision applies; or
       (ii) not less than 50 persons (bodies corporate that are related to one another being counted as a single person) who acquire, in trade or commerce, goods to which the provision applies.
"(4) Sub-section (2) does not prevent the granting of an authorization under sub-section (1) in relation to a provision of a contract, arrangement or understanding, or of a proposed contract, arrangement or understanding, being a provision—
     (a) in relation to the price for goods to be collectively acquired, whether directly or indirectly, by the parties to the contract, arrangement or understanding, or by the proposed parties to the proposed contract, arrangement or understanding, from—
       (i) a person who is not, or persons none of whom is, such a party or a body corporate related to such a party; or
       (ii) a person who would not be, or persons none of whom would be, such a proposed party or a body corporate related to such a proposed party; or
     (b) for the joint advertising of the price for the re-supply of goods so acquired.
"(5) Subject to this Part, the Commission may, upon application by or on behalf of a person, grant an authorization to the person—
     (a) to require the giving of, or to give, a covenant (other than a proposed covenant of a kind mentioned in sub-section 45c(2) that relates to the supply or acquisition of goods) where the proposed covenant would have the purpose, or would have or might have the effect, of substantially lessening competition