Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 151AH

  (1)   For the purposes of this Part, if:

  (a)   a body corporate is related to:

  (i)   a carrier; or

  (ii)   a carriage service provider; and

  (b)   the body corporate has a substantial degree of power in a telecommunications market;

the carrier or carriage service provider, as the case requires, is taken to have a substantial degree of power in that market.

  (2)   For the purposes of this Part, if:

  (a)   2 or more bodies corporate are related to the one:

  (i)   carrier; or

  (ii)   carriage service provider; and

  (b)   those bodies corporate together have a substantial degree of power in a telecommunications market;

the carrier or carriage service provider, as the case requires, is taken to have a substantial degree of power in that market.

  (3)   For the purposes of this Part, if:

  (a)   a body corporate is related to:

  (i)   a carrier; or

  (ii)   a carriage service provider; and

  (b)   the body corporate and the carrier or carriage service provider, as the case may be, together have a substantial degree of power in a telecommunications market;

the carrier or carriage service provider, as the case requires, is taken to have a substantial degree of power in that market.

  (4)   For the purposes of this Part, if:

  (a)   2 or more bodies corporate are related to:

  (i)   a carrier; or

  (ii)   a carriage service provider; and

  (b)   those bodies corporate and that carrier or carriage service provider, as the case may be, together have a substantial degree of power in a telecommunications market;

the carrier or carriage service provider, as the case requires, is taken to have a substantial degree of power in that market.

  (5)   In determining, for the purposes of this Part, the degree of power that a person has, or that persons have, in a telecommunications market, regard must be had to the extent to which the conduct of the person or any of those persons in that market is constrained by the conduct of:

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

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

  (5A)   In determining, for the purposes of this Part, the degree of power that a person has, or that persons have, in a telecommunications market, regard may be had to the power that the person has, or that the persons have, in that market that results from:

  (a)   any contracts, arrangements or understandings, or proposed contracts, arrangements or understandings, that the person has or may have, or that the persons have or may have, with another party or parties; and

  (b)   any covenants, or proposed covenants, that the person is or would be, or that the persons are or would be, bound by or entitled to the benefit of.

  (6)   Subsections   (5) and (5A) do not, by implication, limit the matters to which regard may be had in determining, for the purposes of this Part, the degree of power that a person has, or that persons have, in a telecommunications market.

  (6A)   For the purposes of this Part, without limiting the matters to which the Court may have regard for the purpose of determining whether a person has a substantial degree of power in a telecommunications market, a person may have a substantial degree of power in a telecommunications market even though:

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

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

  (i)   competitors, or potential competitors, of the person in that market; or

  (ii)   persons to whom or from whom the person supplies or acquires goods or services in that market.

  (6B)   To avoid doubt, for the purposes of this Part, more than 1 person may have a substantial degree of power in a telecommunications market.

  (7)   In this Part:

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

  (b)   a reference to power in relation to, or to conduct in, a telecommunications 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 that market.