Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p29
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 69000–71677

in this section to substantially controlling a market for goods or services shall be construed as a reference to substantially controlling such a market either as a supplier or as an acquirer of goods or services in that market.
"(5) Without extending by implication the meaning of sub-section (1), a corporation shall not be taken to contravene that sub-section by reason only that it acquires plant or equipment.
"(6) This section does not prevent a corporation from engaging in conduct that does not constitute a contravention of any of the following sections, namely, sections 45, 45b, 47 and 50, by reason that an authorization is in force or by reason of the operation of section 93.

Exclusive dealing.
"47. (1) Subject to this section, a corporation shall not, in trade or commerce, engage in the practice of exclusive dealing.
"(2) A corporation engages in the practice of exclusive dealing if the corporation—
     (a) supplies, or offers to supply, goods or services;
     (b) supplies, or offers to supply, goods or services at a particular price; or

     (c) gives or allows, or offers to give or allow, a discount, allowance, rebate or credit in relation to the supply or proposed supply of goods or services by the corporation,
on the condition that the person to whom the corporation supplies, or offers or proposes to supply, the goods or services or, if that person is a body corporate, a body corporate related to that body corporate—
     (d) will not, or will not except to a limited extent, acquire goods or services, or goods or services of a particular kind or description, directly or indirectly from a competitor of the corporation or from a competitor of a body corporate related to the corporation;
     (e) will not, or will not except to a limited extent, re-supply goods, or goods of a particular kind or description, acquired directly or indirectly from a competitor of the corporation or from a competitor of a body corporate related to the corporation; or
     (f) in the case where the corporation supplies or would supply goods, will not re-supply the goods to any person, or will not, or will not except to a limited extent, re-supply the goods—
       (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.
"(3) A corporation also engages in the practice of exclusive dealing if the corporation refuses—
     (a) to supply goods or services to a person;
     (b) to supply goods or services to a person at a particular price; or
     (c) to give or allow a