Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 46

Monopolization.
46. (1) A corporation that is in a position substantially to control a market
for goods or services shall not take advantage of the power in relation to
that market that it has by virtue of being in that position-

   (a)  to eliminate or substantially to damage a competitor in that market or
        in another market;

   (b)  to prevent the entry of a person into that market or into another
        market; or

   (c)  to deter or prevent a person from engaging in competitive behaviour in
        that market or in another market.

(2) For the purposes of this section, a corporation shall be deemed to be in a
position substantially to control a market for goods or services if that
corporation and any related corporation or related corporations are together
in a position substantially to control that market.

(3) For the purposes of this section, a reference to a corporation being in a
position substantially to control a market for goods or services includes a
reference to a corporation which, by reason of its share of the market, or of
its share of the market combined with availability of technical knowledge, raw
materials or capital, has the power to determine the prices, or control the
production or distribution, of a substantial part of the goods or services in
that market.

(4) This section does not prevent a corporation from-

   (a)  engaging, during the period of 4 months immediately following the date
        fixed under sub-section 2 (3), in conduct that is of a kind referred
        to in sub-section 45 (2) or 47 (1) but to which that sub-section does
        not apply by reason of the fact that the conduct is engaged in before
        the expiration of that period; or

   (b)  engaging, after the expiration of that period, in conduct that does
        not constitute a contravention of any of the following sections,
        namely, sections 45, 47 and 50, by reason that an authorization is in
        force in respect of the conduct or by reason of the operation of
        section 92, 93 or 94. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback