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