Competition and Consumer Act - Australia

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other than particular places or classes of places.

      (5) A corporation also engages in the practice of exclusive dealing if the corporation refuses:

      (a) to acquire goods or services from a person; or

      (b) to acquire goods or services at a particular price from a person;

      for the reason that the person or, if the person is a body corporate, a body corporate related to that body corporate has supplied, or has not agreed not to supply, goods or services, or goods or services of a particular kind or description:

      (c) to particular persons or classes of persons or to persons other than particular persons or classes of persons; or

      (d) in particular places or classes of places or in places other than particular places or classes of places.

      (6) A corporation also engages in the practice of exclusive dealing if the corporation:

      (a) supplies, or offers to supply, goods or services;

      (b) supplies, or offers to supply, goods or services at a particular price; or

      (c) gives or allows, or offers to give or allow, a discount, allowance, rebate or credit in relation to the supply or proposed supply of goods or services by the corporation;

      on the condition that the person to whom the corporation supplies or offers or proposes to supply the goods or services or, if that person is a body corporate, a body corporate related to that body corporate will acquire goods or services of a particular kind or description directly or indirectly from another person not being a body corporate related to the corporation.

      (7) A corporation also engages in the practice of exclusive dealing if the corporation refuses:

      (a) to supply goods or services to a person;

      (b) to supply goods or services at a particular price to a person; or

      (c) to give or allow a discount, allowance, rebate or credit in relation to the supply of goods or services to a person;

      for the reason that the person or, if the person is a body corporate, a body corporate related to that body corporate has not acquired, or has not agreed to acquire, goods or services of a particular kind or description directly or indirectly from another person not being a body corporate related to the corporation.

      (8) A corporation also engages in the practice of exclusive dealing if the corporation grants or renews, or makes it known that it will not exercise a power or right to terminate, a lease of, or a licence in respect of, land or a building or part of a building on the condition that another party to the lease or licence or, if that other party is a body corporate, a body corporate related to that body corporate:

      (a) will not, or will not except to a limited extent:

      (i) acquire goods or services, or goods or services of a particular kind or description, directly or indirectly from a competitor of the corporation or from a competitor of a body corporate related to the corporation; or

      (ii) re-supply goods or services, or goods or services of a particular kind or description, acquired directly or indirectly from a competitor of the corporation or from a competitor of a body corporate related to the corporation;

      (b) will not supply goods or services, or goods or services of a particular kind or description, to any person, or will not, or will not except to a limited extent, supply goods or services, or goods or services of a particular kind or description:

      (i) to particular persons or classes of persons or to persons other than particular persons or classes of persons; or

      (ii) in particular places or classes of places or in places other than particular places or classes of places; or

      (c) will acquire goods or services of a particular kind or description directly or indirectly from another person not being a body corporate related to the corporation.

      (9) A corporation also engages in the practice of exclusive dealing if the corporation refuses to grant or renew, or exercises a power or right to terminate, a lease of, or a licence in respect of, land or a building or part of a building for the reason that another party to the lease or licence or, if that other party is a body corporate, a body corporate related to that body corporate:

      (a) has acquired, or has not agreed not to acquire, goods or services, or goods or services of a particular kind or description, directly or indirectly from a competitor of the corporation or from a competitor of a body corporate related to the corporation;

      (b) has re-supplied, or has not agreed not to re-supply, goods or services, or goods or services of a particular kind or description, acquired directly or indirectly from a competitor of the corporation or from a competitor of a body corporate related to the corporation;

      (c) has supplied goods or services, or goods or services of a particular kind or description:

      (i) to particular persons or classes of persons or to persons other than particular persons or classes of persons; or

      (ii) in particular places or classes of places or in places other than particular places or classes of places; or

      (d) has not acquired, or has not agreed to acquire, goods or services of a particular kind or description directly or indirectly from another person not being a body corporate related to the corporation.

      (10) Subsection (1) does not apply to the practice of exclusive dealing constituted by a corporation engaging in conduct of a kind referred to in subsection (2), (3), (4) or (5) or paragraph (8)(a) or (b) or (9)(a), (b) or (c) unless:

      (a) the engaging by the corporation in that conduct has the purpose, or has or is likely to have the effect, of substantially lessening competition; or

      (b) the engaging by the corporation in that conduct, and the engaging by the corporation, or by a body corporate related to the corporation, in other conduct of the same or a similar kind, together have or are likely to have the effect of substantially lessening competition.

      (10A) Subsection (1) does not apply to a corporation engaging in conduct described in subsection (6) or (7) or paragraph (8)(c) or (9)(d) if:

      (a) the corporation has given the Commission a notice under subsection 93(1) describing the conduct; and

      (b) the notice is in force under section 93.

      (11) Subsections (8) and (9) do not apply with respect to:

      (a) conduct engaged in by, or by a trustee for, a religious, charitable or public benevolent institution, being conduct engaged in for or in accordance with the purposes or objects of that institution; or

      (b) conduct engaged in in pursuance of a legally enforceable requirement made by, or by a trustee for, a religious, charitable or public benevolent institution, being a requirement made for or in accordance with the purposes or objects of that institution.

      (12) Subsection (1) does not apply with respect to any conduct engaged in by a body corporate by way of restricting dealings by another body corporate if those bodies corporate are related to each other.

      (13) In this section:

      (a) a reference to a condition shall be read as a reference to any condition, whether direct or indirect and whether having legal or equitable force or not, and includes a reference to a condition the existence or nature of which is ascertainable only by inference from the conduct of persons or from other relevant circumstances;

      (b) a reference to competition, in relation to conduct to which a provision of this section other than subsection (8) or (9) applies, shall be read as a reference to competition in any market in which:

      (i) the corporation engaging in the conduct or any body corporate related to that corporation; or

      (ii) any person whose business dealings are restricted, limited or otherwise circumscribed by the conduct or, if that person is a body corporate, any body corporate related to that body corporate;

      supplies or acquires, or is likely to supply or acquire, goods or services or would,

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