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Thursday, 2 December 1965


Mr SNEDDEN (Bruce) (AttorneyGeneral) .- The words used later relate to an agreement. The clause says: " But for any agreement . . . would be likely to become so competitive". Where the words are used earlier, they refer to two or more businesses. The words are used in a different sense.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 36. (1.) Subject to this Part, practices of the following kinds on the part of a person in the course of carrying on a business are in this Act referred to as examinable practices: -

(a)   in or in connexion with the acquisition, or possible acquisition, of goods by the person engaging in the practice from another person, inducing or attempting to induce that other person, by any express or implied threat or promise, to accept terms as to price or any other matter or conditions (including collateral conditions) that are more favorable to the person engaging in the practice than those upon or subject to which that other person is willing to supply goods of the same kind and quantity to business competitors generally of the person engaging in the practice, where the more favorable terms or conditions are, or would be, likely substantially to lessen the ability of any person or persons to compete with the person engaging in the practice;

(b)   requiring, as a condition of the supply of goods or services to another person carrying on a business, that that person acquire all or a part of his requirements of goods or services of another class directly or indirectly from a particular third person; or

(c)   inducing or attempting to induce another person carrying on a business to refuse to deal with a third person, or to refuse to deal with a third person except on terms disadvantageous to the third person, where the person inducing or attempting to induce -

(i)   is a trade association or is acting as a member of, or on behalf of, a trade association; or

(ii)   is acting in pursuance of an agreement with, or in concert with, another person carrying on a business. (2.) Engaging in monopolization, within the meaning of the next succeeding section, is an examinable practice, for the purposes of this Act, on the part of the person or combination concerned.







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