Sch 1 s 46Misuse of market power

46 Misuse of market power

(1) A person who has a substantial degree of power in a market must not engage in conduct that has the purpose, or has or is likely to have the effect, of substantially lessening competition in:

(a) that market; or

(b) any other market in which that person, or a body corporate that is related to that person:

(i) supplies goods or services, or is likely to supply goods or services; or

(ii) supplies goods or services, or is likely to supply goods or services, indirectly through one or more other persons; or

(c) any other market in which that person, or a body corporate that is related to that person:

(i) acquires goods or services, or is likely to acquire goods or services; or

(ii) acquires goods or services, or is likely to acquire goods or services, indirectly through one or more other persons.

(3) A person (the first person) is taken for the purposes of this section to have a substantial degree of power in a market if:

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

(b) the first person and a body corporate that is, or 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 that market.

(4) In determining for the purposes of this section the degree of power that a person (the first person) or bodies corporate have in a market:

(a) regard must be had 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:

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

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

(b) regard may be had to the power the first person or bodies corporate have in that market that results from:

(i) any contracts, arrangements or understandings that the first person or bodies corporate have with another party or other parties; or

(ii) any proposed contracts, arrangements or understandings that the first person or bodies corporate may have with another party or other parties.

(5) For the purposes of this section, a person may have a substantial degree of power in a market even though:

(a) the person does not substantially control that market; or

(b) the person does not have absolute freedom from constraint by the conduct of: