Nick Minchin (SA, Liberal Party, Minister for Finance and Administration) Share this | Hansard source

The changes to section 46 were recommended by the Senate inquiry in 2003, and on 23 June 2004 the government tabled its response to that inquiry, endorsing changes to section 46 along the lines of those supported by government senators in their minority report at that stage. The changes to section 46 that the government accepted and said that it would move on include: providing guidance to courts in predatory-pricing cases; ensuring courts can consider both below-cost pricing and recruitment as factors in determining whether a corporation has misused its market power; ensuring the anticompetitive leveraging of market power from one market to another is prohibited by section 46; and ensuring that market power derived from contracts, arrangements or understandings can be taken into account in the assessment of a corporations market power. As I am advised, that remains the government’s clear position.