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Wednesday, 14 August 1974
Page: 929

Senator McLAREN (South Australia) - My question to the Attorney-General (Senator Murphy) also deals with clause 46. I think that for the purpose of my question I should read that clause, although Senator Wright read part of it. It deals with monopolisation and it reads as follows:

(   1 ) A corporation that is in a position substantially to control a market for goods or services shall not take advantage of the power in relation to that market that it has by virtue of being in that position-

(a)   to eliminate or substantially to damage a competitor in that market or in another market;

(b)   to prevent the entry of a person into that market or into another market: or

(c)   to deter or prevent a person from engaging in competitive behaviour in that market or in another market.

Can the Attorney-General say whether this clause will give full protection to wine makers who have been supplying the retail trade with their own product on a wholesale basis and who now seek to enter the retail market in their own right as well as desiring to continue supplying other trade outlets on a wholesale basis? My reason for seeking clarification here is that my attention has been drawn to threats levelled against a South Australian wine maker that if the wine maker proceeds with an application to the New South Wales Licensing Court for a retail licence the trade will refuse to market his product through its own retail outlets irrespective of whether or not his application is successful.

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