E Commerce: Business. Technology. Society. 2012, Eighth Edition

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The legislation also provides that a corporation that engages in below-cost pricing for a sustained period may be taking advantage of its market power in breach of section 46(1) even if there is no ability to recoup (section 46(1AAA)). This is contrary to the High Court’s observation in Boral Besser Masonry Ltd v ACCC (2003) 215 CLR 374 that the prospect of recoupment by supra-competitive pricing may assist in determining whether price cuts are a result of competitive market pressure or a misuse of market .

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