Document ID: chunk:federal_register_of_legislation:C2007A00159:clause:2_9a
Version: federal_register_of_legislation:C2007A00159
Segment Type: clause
Provision Reference: sch 2 cl 9A
Character Range: 9720–10649

9A  After subsection 46(1) of the Schedule
Insert:

 (1AA) A person that has a substantial share of a market must not supply, or offer to supply, goods or services for a sustained period at a price that is less than the relevant cost to the person of supplying such goods or services, for the purpose of:
 (a) eliminating or substantially damaging a competitor of the person or of a body corporate that is related to the person in that or any other market; or
 (b) preventing the entry of a person into that or any other market; or
 (c) deterring or preventing a person from engaging in competitive conduct in that or any other market.

 (1AB) For the purposes of subsection (1AA), without limiting the matters to which the Court may have regard for the purpose of determining whether a person has a substantial share of a market, the Court may have regard to the number and size of the competitors of the person in the market.