Document ID: chunk:federal_register_of_legislation:C2017A00114:clause:3_7
Version: federal_register_of_legislation:C2017A00114
Segment Type: clause
Provision Reference: sch 3 cl 7
Character Range: 28863–30709

7  Subsections 45(1) to (3) of Schedule 1
Repeal the subsections, substitute:
 (1) A person must not:
 (a) make a contract or arrangement, or arrive at an understanding, if a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition; or
 (b) give effect to a provision of a contract, arrangement or understanding, if that provision has the purpose, or has or is likely to have the effect, of substantially lessening competition; or
 (c) engage with one or more other persons in a concerted practice that has the purpose, or has or is likely to have the effect, of substantially lessening competition.
 (2) Paragraph (1)(b) applies in relation to contracts or arrangements made, or understandings arrived at, before or after the commencement of this section.
 (3) For the purposes of this section, competition means:
 (a) in relation to a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding—competition in any market in which:
 (i) a person who is a party to the contract, arrangement or understanding, or would be a party to the proposed contract, arrangement or understanding; or
 (ii) any body corporate related to such a person;
  supplies or acquires, or is likely to supply or acquire, goods or services or would, but for the provision, supply or acquire, or be likely to supply or acquire, goods or services; or
 (b) in relation to a concerted practice—competition in any market in which:
 (i) a person who is a party to the practice; or
 (ii) any body corporate related to such a person;
  supplies or acquires, or is likely to supply or acquire, goods or services or would, but for the practice, supply or acquire, or be likely to supply or acquire, goods or services.