Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p68
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 174419–177020

(9) A person (the "first person") also engages in the practice of exclusive dealing if the first person refuses to grant or renew, or exercises a power or right to terminate, a lease of, or a licence in respect of, land or a building or part of a building for the reason that another party to the lease or licence or, if that other party is a body corporate, a body corporate related to that body corporate:

    (a) has acquired, or has not agreed not to acquire, goods or services, or goods or services of a particular kind or description, directly or indirectly from a competitor of the first person or from a competitor of a body corporate related to the first person;

    (b) has re-supplied, or has not agreed not to re-supply, goods or services, or goods or services of a particular kind or description, acquired directly or indirectly from a competitor of the first person or from a competitor of a body corporate related to the first person;

    (c) has supplied goods or services, or goods or services of a particular kind or description:

        (i) to particular persons or classes of persons or to persons other than particular persons or classes of persons; or

        (ii) in particular places or classes of places or in places other than particular places or classes of places; or

SCHEDULE 1—continued

    (d) has not acquired, or has not agreed to acquire, goods or services of a particular kind or description directly or indirectly from another person not being a body corporate related to the first person.

(10) Subsection (1) does not apply to the practice of exclusive dealing constituted by a person engaging in conduct of a kind referred to in subsection (2), (3), (4) or (5) or paragraph (8)(a) or (b) or (9)(a), (b) or (c) unless:

    (a) the engaging by the person in that conduct has the purpose, or has or is likely to have the effect, of substantially lessening competition; or

    (b) the engaging by the person in that conduct, and the engaging by the person, or by a body corporate related to the person, in other conduct of the same or a similar kind, together have or are likely to have the effect of substantially lessening competition.

(10A) Subsection (1) does not apply to a person engaging in conduct described in subsection (6) or (7) or paragraph (8)(c) or (9)(d) if:

    (a) the person has given the Commission a notice under subsection 93(1) describing the conduct; and

    (b) the notice is in force under section 93.

(11) Subsections (8) and (9) do not apply with respect to:

    (a) conduct engaged in by, or by a trustee for, a religious,