Section 36: Anti-trust provisions

(1) Subject to the provisions of subsection (2) of this section, none of the following shall constitute a breach of any law prohibiting or restricting any person from acting in concert or combination in relation to competition in a market or the fixing of prices, that is-
(a) the entry into the International Project Agreement by the Company or the performance of its obligations thereunder;
(b) the acquisition of natural gas in a State by a buyer or shipper for transmission through the pipeline system or the shipping of natural gas through the pipeline system or through other pipeline facilities to the pipeline system by a buyer or shipper;
(c) the offer for sale or sale of natural gas in a State by a shipper or seller which is delivered out of the pipeline system. or the delivery of natural gas into a State through the pipeline system by a shipper or seller;
(d) the formation of the Company by the shareholders; or
(e) the formation of a buyer or seller or shipper by the shareholders or members of any group or consortium.
(2) Except in relation to conduct specifically contemplated in the International Project Agreement or the Access code, this subsection shall not-
(a) permit or authorise unreasonable discrimination against buyers or shippers;
(b) permit the conduct by the Company, a buyer, a seller or a shipper which constitutes unfair discrimination; or
(c) permit a lessening of competition, or other conduct which may otherwise be regarded under competition law as an abuse of a dominant market position.