Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p63
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 162494–165028

This section does not affect the operation of any other provision of this Part.

Misuse of market power

46.(1) A person (the "first person") who has a substantial degree of power in a market shall not take advantage of that power for the purpose of:

    (a) eliminating or substantially damaging a competitor of the first person or of a body corporate that is related to the first person in that or any other market;

    (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.

(1A) For the purposes of subsection (1):

    (a) the reference in paragraph (1)(a) to a competitor includes a reference to competitors generally, or to a particular class or classes of competitors; and

    (b) the reference in paragraphs (1)(b) and (c) to a person includes a reference to persons generally, or to a particular class or classes of persons.

(2) If:

    (a) a body corporate that is related to a person (the "first person") has, or 2 or more bodies corporate each of which is related to the one person (the "first person") together have, a substantial degree of power in a market; or

    (b) a person (the "first person") and a body corporate that is, or a person (the "first person") and 2 or more bodies corporate each of which is, related to the first person, together have a substantial degree of power in a market;

SCHEDULE 1—continued

the first person shall be taken for the purposes of this section to have a substantial degree of power in that market.

(3) 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 shall have regard to the extent to which the conduct of the first person or of any of those bodies corporate in that market is constrained by the conduct of:

    (a) competitors, or potential competitors, of the first person or of any of those bodies corporate in that market; or

    (b) persons to whom or from whom the first person or any of those bodies corporate supplies or acquires goods or services in that market.

(4) In this section:

    (a) a reference to power is a reference to market power;

    (b) a reference to a market is a reference to a market for goods or services; and

    (c) a reference to power in relation to, or to conduct in, a market is a reference to power, or to conduct, in that market either as a supplier or as an acquirer of goods or services in