competition-and-consumer-amendment-misuse-of-market-power-act-2017.pdf, p.7
Repeal section and substitute with new content.
1 Section 46
competition-and-consumer-amendment-misuse-of-market-power-act-2017.pdf, p.9
2 Section 46 of Schedule 1
46 Misuse of market power
Must not engage in conduct that has the purpose or effect of substantially lessening competition.
46(1) Misuse of market power
...conduct that has the purpose or effect of substantially lessening competition.
Defines temporal interval for prohibition.
(1) A person who has a substantial degree of power in a market must not...
Classifies conduct as prohibited using AI.
...must not engage in conduct that has the purpose or effect of substantially lessening competition.
Diffuses prohibition to related markets.
A person is taken to have a substantial degree of power in a market if certain conditions are met.
46(3) Misuse of market power
The first person and bodies corporate have power in the market.
(b) the first person and a body corporate that is...
The first person is taken to have a substantial degree of power in a market if...
Multiple bodies corporate together have power in the market.
2 or more bodies corporate each of which is related to the first person...
A substantial degree of power in the market if certain conditions are met.
A person is taken to have a substantial degree of power in a market if...
Regard must be had to the extent to which conduct is constrained by competitors or suppliers.
46(4) Misuse of market power
A person may have a substantial degree of power in a market even though they do not substantially control the market or are not absolutely free from constraint by others.
46(5) Misuse of market power
Expresses a possibility or potential obligation.
No misuse of market power in determining the degree of power that a person or bodies corporate have in a market.
46(6) Misuse of market power
Clarifies that more than one person can have substantial market power.
46(7) Misuse of market power
Multiple persons can have substantial market power.
Definition of market power and its relation to conduct in a market.
46(8) Misuse of market power
Relates to temporal intervals of conduct.
(1) A corporation that has a substantial degree of power in a market must not...
A corporation is taken to have a substantial degree of power in a market if certain conditions are met.
The power in the market is determined by the temporal intervals.
(b) that corporation and a body corporate that is, or that corporation and 2 or more bodies corporate each of which is, related to that corporation, together have a substantial degree of power in that market.
The corporation has cognitive abilities.
(3) A corporation is taken for the purposes of this section to have a substantial degree of power in a market if:
The corporation has power in the market.
The power diffuses from the corporation to its related bodies corporate.
(a) a body corporate that is related to that corporation has, or 2 or more bodies corporate each of which is related to that corporation together have, a substantial degree of power in that market;
The power in the market over time is determined by the temporal intervals.
A body corporate may have a substantial degree of power in a market even though it does not substantially control that market or has absolute freedom from constraint by competitors.
Regard may be had in determining the degree of power that a body corporate or bodies corporate has or have in a market.
Clarifies that more than one corporation can have substantial power in a market.
Multiple corporations can have substantial power.
competition-and-consumer-amendment-misuse-of-market-power-act-2017.pdf, p.12
1 Paragraph 151AJ(3)(a)
2 Subsections 151AJ(4) and (5)
Prohibits omission of specified subsections.
Repeal paragraph and substitute assumption that certain subparagraphs had not been enacted.
3 Paragraph 151AJ(5)(a)
4 Paragraphs 151AJ(5)(c) and (d)
5 Subsection 151AJ(7)
Prohibits omission of specified sections.
6 Paragraph 151AJ(7)(d)
7 Subsections 151BC(4) and (5)
competition-and-consumer-amendment-misuse-of-market-power-act-2017.pdf, p.5
1 Short title
competition-and-consumer-amendment-misuse-of-market-power-act-2017.pdf, p.6
Commences at the same time as Schedule 1 to the Competition and Consumer Amendment (Competition Policy Review) Act 2017.
1 Section 1
The Act is the Competition and Consumer Amendment (Misuse of Market Power) Act 2017.
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
Note on table limitations and amendments
6 November
An Act to amend the Competition and Consumer Act 2010, and for related purposes
Competition and Consumer Amendment (Misuse of Market Power) Act 2017