Document ID: chunk:federal_register_of_legislation:C2025C00189:section:151ah:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 151AH (pt 1/2)
Character Range: 1734108–1736710

151AH  Degree of power in a telecommunications market
 (1) For the purposes of this Part, if:
 (a) a body corporate is related to:
 (i) a carrier; or
 (ii) a carriage service provider; and
 (b) the body corporate has a substantial degree of power in a telecommunications market;
the carrier or carriage service provider, as the case requires, is taken to have a substantial degree of power in that market.
 (2) For the purposes of this Part, if:
 (a) 2 or more bodies corporate are related to the one:
 (i) carrier; or
 (ii) carriage service provider; and
 (b) those bodies corporate together have a substantial degree of power in a telecommunications market;
the carrier or carriage service provider, as the case requires, is taken to have a substantial degree of power in that market.
 (3) For the purposes of this Part, if:
 (a) a body corporate is related to:
 (i) a carrier; or
 (ii) a carriage service provider; and
 (b) the body corporate and the carrier or carriage service provider, as the case may be, together have a substantial degree of power in a telecommunications market;
the carrier or carriage service provider, as the case requires, is taken to have a substantial degree of power in that market.
 (4) For the purposes of this Part, if:
 (a) 2 or more bodies corporate are related to:
 (i) a carrier; or
 (ii) a carriage service provider; and
 (b) those bodies corporate and that carrier or carriage service provider, as the case may be, together have a substantial degree of power in a telecommunications market;
the carrier or carriage service provider, as the case requires, is taken to have a substantial degree of power in that market.
 (5) In determining, for the purposes of this Part, the degree of power that a person has, or that persons have, in a telecommunications market, regard must be had to the extent to which the conduct of the person or any of those persons in that market is constrained by the conduct of:
 (a) competitors, or potential competitors, of the person or of any of those persons in that market; or
 (b) persons to whom or from whom the person or any of those persons supplies or acquires goods or services in that market.
 (5A) In determining, for the purposes of this Part, the degree of power that a person has, or that persons have, in a telecommunications market, regard may be had to the power that 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