Commonwealth Numbered Acts Commonwealth Numbered Acts
1A After subsection 46(1) of the Schedule
Insert:
(1AAA) If a person supplies goods or services for a sustained period at a price that is less than the relevant cost to the person of supplying the goods or services, the person may contravene subsection (1) even if the person cannot, and might not ever be able to, recoup losses incurred by supplying the goods or services.
3 Subsections 46(3), (3A) and (3C) of the Schedule
Omit "Court", substitute "court".
4A Subsection 46(4A) of the Schedule
Omit "Court" (wherever occurring), substitute "court".
5 After subsection 46(6) of the Schedule
Insert:
(6A) In determining for the purposes of this section whether, by engaging in conduct, a person has taken advantage of the person's 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 person's substantial degree of power in the market;
(b) whether the person engaged in the conduct in reliance on the person's substantial degree of power in the market;
(c) whether it is likely that the person would have engaged in the conduct if the person did not have a substantial degree of power in the market;
(d) whether the conduct is otherwise related to the person's substantial degree of power in the market.
This subsection does not limit the matters to which the court may have regard.