Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p52
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 124809–127629

behalf of a corporation, grant an authorization to the corporation—
     (a) to make a contract or arrangement, or arrive at an understanding, where a provision of the proposed contract, arrangement or understanding would be, or might be, an exclusionary provision or would have the purpose, or would have or might have the effect, of substantially lessening competition within the meaning of section 45; or
     (b) to give effect to a provision of a contract, arrangement or understanding where the provision is, or may be, an exclusionary provision or has the purpose, or has or may have the effect, of substantially lessening competition within the meaning of section 45,
and, while such an authorization remains in force—
     (c) in the case of an authorization to make a contract or arrangement or to arrive at an understanding—sub-section 45 (2) does not prevent the corporation from making the contract or arrangement or arriving at the understanding in accordance with the authorization and giving effect in accordance with the authorization to any provision of the contract or arrangement so made or of the understanding so arrived at;
     (d) in the case of an authorization to give effect to a provision of a contract—
       (i) the provision is not unenforceable by reason of sub-section 45(1); and
       (ii) sub-section 45(2) does not prevent the corporation from giving effect to the provision in accordance with the authorization; or
     (e) in the case of an authorization to give effect to a provision of an arrangement or understanding—sub-section 45(2) does not prevent the corporation from giving effect to the provision in accordance with the authorization.
"(2) Subject to sub-sections (3) and (4), sub-section (1) does not permit the granting of an authorization in relation to—
     (a) the making of a contract or arrangement, or the arriving at an understanding, that would contain a provision having the purpose, or having or being likely to have the effect, of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, the price for, or a discount, allowance, rebate or credit in relation to, goods supplied or acquired or to be supplied or acquired by the proposed parties to the proposed contract, arrangement or understanding, or by any of them, or by any bodies corporate that are related to any of them, in competition with each other, to or from other persons who are neither proposed parties to the proposed contract, arrangement or understanding nor bodies corporate related to such proposed parties; or
     (b) the giving effect to such a provision of a contract, arrangement or understanding.
"(3) Sub-section (2) does not prevent the granting of an authorization under sub-section (1) in relation to—
     (a) a provision of a contract