Commonwealth Numbered Acts

TRADE PRACTICES LEGISLATION AMENDMENT ACT 2008 (NO. 116, 2008) - SCHEDULE 1

Trade Practices Act 1974

1A  After subsection 46(1)

Insert:

     (1AAA)  If a corporation supplies goods or services for a sustained period at a price that is less than the relevant cost to the corporation of supplying the goods or services, the corporation may contravene subsection (1) even if the corporation cannot, and might not ever be able to, recoup losses incurred by supplying the goods or services.

3  Subsections 46(3), (3A) and (3C)

Omit "Court", substitute "court".

4A  Subsection 46(4A)

Omit "Court" (wherever occurring), substitute "court".

5  After subsection 46(6)

Insert:

          (6A)  In determining for the purposes of this section whether, by engaging in conduct, a corporation has taken advantage of its substantial degree of power in a market, the court may have regard to any or all of the following:

                     (a)  whether the conduct was materially facilitated by the corporation's substantial degree of power in the market;

                     (b)  whether the corporation engaged in the conduct in reliance on its substantial degree of power in the market;

                     (c)  whether it is likely that the corporation would have engaged in the conduct if it did not have a substantial degree of power in the market;

                     (d)  whether the conduct is otherwise related to the corporation's substantial degree of power in the market.

This subsection does not limit the matters to which the court may have regard.

7  Subsection 86(1A)

After "arising under", insert "section 46,".