Document ID: chunk:federal_register_of_legislation:C2025C00189:section:102:p4
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 102 (pt 4/7)
Character Range: 1411950–1414609

to have or would not have and would not be likely to have the effect, of substantially lessening competition (within the meaning of section 45); or
 (ii) in all the circumstances:
 (A) the provision has resulted or is likely to result, or would result or be likely to result, in a benefit to the public; and
 (B) that benefit outweighs or would outweigh the detriment to the public constituted by any lessening of competition that has resulted or is likely to result, or would result or be likely to result, from the provision;
  the Tribunal must make a determination setting aside the notice; or
 (b) if the person who applied for the review does not so satisfy the Tribunal—the Tribunal must make a determination affirming the notice.
 (5ABA) Upon a review of the giving of a notice by the Commission under subsection 93AC(2A):
 (a) if the person who applied for the review satisfies the Tribunal that the corporation on whom the conditions relating to the conduct or proposed conduct have been imposed has not failed to comply with those conditions—the Tribunal must make a determination setting aside the notice; or
 (b) if the person who applied for the review does not so satisfy the Tribunal—the Tribunal must make a determination affirming the notice.
 (5AC) If the Tribunal sets aside a notice (the objection notice) given by the Commission under subsection 93AC(1), (2) or (2A), then:
 (a) if the Commission gave the objection notice as part of a process starting when the Commission gave a notice under subsection 93A(2) (conference notice) during the period described in paragraph 93AD(1)(a)—the Commission is taken for the purposes of paragraph 93AD(1)(b) to have decided not to give the objection notice at the time the Tribunal set it aside; and
 (b) for the purposes of subsections 93AD(2) and (3), the objection notice is taken not to have been given.
 (5A) The Tribunal must set aside a notice under subsection 93(3A) if the person who applied for a review of the giving of the notice satisfies the Tribunal that the likely benefit to the public from the conduct or proposed conduct to which the notice relates will outweigh the likely detriment to the public from the conduct or proposed conduct.
 (5B) The Tribunal must affirm the giving of a notice under subsection 93(3A) if the person who applied for a review of the giving of the notice does not satisfy the Tribunal as described in subsection (5A).
 (5C) If the Tribunal sets aside a notice given by the Commission under subsection 93(3A), then:
 (a) if the Commission gave the notice as part of a process starting when the Commission gave a notice under subsection 93A(2) during the