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Wednesday, 8 August 2007
Page: 125


FRAN BAILEY (Minister for Small Business and Tourism) (6:17 PM) —Under the government’s amendments, the courts are free to consider whether a corporation has a reasonable prospect of recouping its losses from below-cost pricing. However, the amendments do not make specific reference to recoupments, so a finding of predatory pricing can be made even if there is no prospect of recoupment. The government is convinced—the law is clear—that recoupment is not a necessary element to prove predatory pricing.