| (1) | In this Chapter, "market inquiry" means a formal inquiry in respect of the general state of competition, the levels of concentration in and structure of a market for particular goods or services, without necessarily referring to the conduct or activities of any particular named firm. |
| (2) | An adverse effect on competition is established if any feature, or combination of features, of a market for goods or services impedes, restricts or distorts competition in that market. |
| (3) | Any reference to a feature of a market for goods or services includes— |
| (a) | the structure of that market or any aspect of that structure, including: |
| (i) | the level and trends of concentration and ownership in the market; |
| (ii) | the barriers to entry in the market, the regulation of the market, including the instruments in place to foster transformation in the market and past or current advantage that is not due to the respondent’s own commercial efforts or investment, such as direct or indirect state support for a firm or firms in the market; |
| (b) | the outcomes observed in the market, including— |
| (i) | levels of concentration and ownership; |
| (ii) | prices, customer choice, the quality of goods or services and innovation; |
| (iv) | entry into and exit from the market; |
| (v) | the ability of national industries to compete in international markets; |
| (c) | conduct, whether in or outside the market which is the subject of the inquiry, by a firm or firms that supply or acquire goods or services in the market concerned; |
| (d) | conscious parallel or co-ordinated conduct by two or more firms in a concentrated market without the firms having an agreement between or among themselves; or |
| (e) | conduct relating to the market which is the subject of the inquiry of any customers of firms who supply or acquire goods or services. |
[Section 43A substituted by section 23 of Notice 175, GG 42231, dated 14 February 2019]
