Commonwealth Numbered Acts

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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 47

Exclusive dealing.
47. (1) Subject to this section, a corporation shall not, in trade or
commerce, engage in the practice of exclusive dealing.

(2) A corporation engages in the practice of exclusive dealing if the
corporation-

   (a)  supplies any goods or services;

   (b)  charges a price for the supply of any goods or services; or

   (c)  gives or allows a discount, allowance, rebate or credit in relation to
        the supply of any goods or services, on the condition, or subject to a
        contract, arrangement or understanding, that the person to whom the
        corporation supplies the goods or services-

   (d)  will not, or will to a limited extent only, acquire goods or services
        from a competitor of the corporation; or

   (e)  in the case where the corporation supplies goods-

        (i)    will not, or will to a limited extent only, supply any of the
               goods to particular persons or to persons included in a
               particular class of persons; or

        (ii)   will not, or will to a limited extent only, in particular
               places supply any of the goods to other persons.

(3) A corporation also engages in the practice of exclusive dealing if the
corporation requires, as a condition of the supply to a person of goods or
services of a kind that it could not lawfully supply but for the issue or
grant to the corporation of a licence, permit, authority or registration under
a law of Australia, that the person acquire all or a part of his requirements
of other goods or services directly or indirectly from the corporation.

(4) A corporation also engages in the practice of exclusive dealing if the
corporation requires, as a condition of the supply to a person of goods or
services, that the person acquire all or a part of his requirements of other
goods or services directly or indirectly from a second person.

(5) Sub-section (1) does not apply to the practice of exclusive dealing
constituted by a corporation engaging in conduct of a kind referred to in
sub-section (2) unless the engaging by the corporation in that conduct is
likely to have the effect of substantially lessening competition in a market
for goods or services.

(6) This section does not apply with respect to any conduct engaged in by a
body corporate by way of restricting dealings by another body corporate if
those bodies corporate are related to each other. 


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