Document ID: chunk:federal_register_of_legislation:C2007A00159:clause:2_10
Version: federal_register_of_legislation:C2007A00159
Segment Type: clause
Provision Reference: sch 2 cl 10
Character Range: 10969–12614

10  After subsection 46(3) of the Schedule
Insert:

 (3A) In determining for the purposes of this section the degree of power that a person (the first person) or bodies corporate has or have in a market, the Court may have regard to the power the first person or bodies corporate has or have in that market that results from:
 (a) any contracts, arrangements or understandings, or proposed contracts, arrangements or understandings, that the first person or bodies corporate has or have, or may have, with another party or other parties; and
 (b) any covenants, or proposed covenants, that the first person or bodies corporate is or are, or would be, bound by or entitled to the benefit of.

 (3B) Subsections (3) and (3A) do not, by implication, limit the matters to which regard may be had in determining, for the purposes of this section, the degree of power that a person or bodies corporate has or have in a market.

 (3C) For the purposes of this section, without limiting the matters to which the Court may have regard for the purpose of determining whether a person has a substantial degree of power in a market, a person may have a substantial degree of power in a market even though:
 (a) the person does not substantially control the market; or
 (b) the person does not have absolute freedom from constraint by the conduct of:
 (i) competitors, or potential competitors, of the person in that market; or
 (ii) persons to whom or from whom the person supplies or acquires goods or services in that market.

 (3D) To avoid doubt, for the purposes of this section, more than 1 person may have a substantial degree of power in a market.