Document ID: chunk:federal_register_of_legislation:C2025C00189:section:151ah:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 151AH (pt 2/2)
Character Range: 1736463–1738214

the person has, or that the persons have, in that market that results from:
 (a) any contracts, arrangements or understandings, or proposed contracts, arrangements or understandings, that the person has or may have, or that the persons have or may have, with another party or parties; and
 (b) any covenants, or proposed covenants, that the person is or would be, or that the persons are or would be, bound by or entitled to the benefit of.
 (6) Subsections (5) and (5A) do not, by implication, limit the matters to which regard may be had in determining, for the purposes of this Part, the degree of power that a person has, or that persons have, in a telecommunications market.
 (6A) For the purposes of this Part, without limiting the matters to which the Court may have regard for the purpose of determining whether a person has a substantial degree of power in a telecommunications market, a person may have a substantial degree of power in a telecommunications market even though:
 (a) the person does not substantially control the market; or
 (b) the person does not have absolute freedom from constraint by the conduct of:
 (i) competitors, or potential competitors, of the person in that market; or
 (ii) persons to whom or from whom the person supplies or acquires goods or services in that market.
 (6B) To avoid doubt, for the purposes of this Part, more than 1 person may have a substantial degree of power in a telecommunications market.
 (7) In this Part:
 (a) a reference to power is a reference to market power; and
 (b) a reference to power in relation to, or to conduct in, a telecommunications market is a reference to power, or to conduct, in that market either as a supplier or as an acquirer of goods or services in that market.