Document ID: chunk:federal_register_of_legislation:C2008A00116:clause:1_5
Version: federal_register_of_legislation:C2008A00116
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 1731–2558

5  After subsection 46(6)
Insert:

 (6A) In determining for the purposes of this section whether, by engaging in conduct, a corporation has taken advantage of its substantial degree of power in a market, the court may have regard to any or all of the following:
 (a) whether the conduct was materially facilitated by the corporation's substantial degree of power in the market;
 (b) whether the corporation engaged in the conduct in reliance on its substantial degree of power in the market;
 (c) whether it is likely that the corporation would have engaged in the conduct if it did not have a substantial degree of power in the market;
 (d) whether the conduct is otherwise related to the corporation's substantial degree of power in the market.
This subsection does not limit the matters to which the court may have regard.