Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1991 No. 49 of 1991 - SECT 3

3. Section 50 of the Principal Act is amended:

   (a)  by inserting in subparagraph (1) (b) (i) ", or associated with," after

"related to" (twice occurring);

   (b)  by inserting after subsection (1) the following subsection:

"(1AA) A body corporate that is related to, or associated with, a corporation
must not acquire, directly or indirectly, any shares in the capital, or any
assets, of any other body corporate (in this subsection called `an acquired
body corporate') if:

   (a)  as a result of the acquisition, the corporation would be, or be likely
        to be, in a position to dominate a market for goods or services; or

   (b)  where the corporation is in a position to dominate a market for goods
        or services:

   (i)  the acquired body corporate, or another body corporate related to, or
        associated with, it, is, or is likely to be, a competitor of the
        corporation or of any body corporate related to, or associated with,
        the corporation; and

   (ii) the acquisition would, or would be likely to, substantially strengthen
        the power of the corporation to dominate that market.";
(c) by inserting in subparagraph (1A) (b) (i) ", or associated with," after
"related to";
(d) by inserting in paragraph (2) (a) ", or likely to be in a position," after
"position";
(e) by inserting in paragraph (2) (b) ", or likely to be in a position," after
"position";

   (f)  by adding at the end of subsection (2) ", or to be likely to be in a
        position to dominate that market, as the case may be";

   (g)  by inserting after subsection (2) the following subsection:

"(2AA) In subsection (2), the reference to bodies corporate, or a corporation
and a body or bodies corporate, together being in a position to dominate a
market is a reference to their being in that position whether or not they
would need to act in concert to achieve such domination and whether or not
they have acted in concert to put themselves in that position.";
(h) by inserting in subsection (2A) ", or to be likely to be able to exert"
after "exert";

   (i)  by inserting after subsection (2A) the following subsection:

"(2AB) In subsection (2A), the reference to bodies corporate, together with
another body corporate or other bodies corporate, being in a position to exert
a substantial degree of influence is a reference to their being in that
position whether or not they would need to act in concert to exert such
influence and whether or not they have acted in concert to put themselves in
that position.";
(j) by inserting in subsection (2B) ", or to be likely to be able to exert,"
after "exert".