Fran Bailey (McEwen, Liberal Party, Minister for Small Business and Tourism) Share this | Hansard source

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.

See this speech in context