The new section 36 prohibition inserted by this bill finally dispenses with the counterfactual test. It finally focuses the prohibition on market outcomes. It finally fulfils the original aim of deterring dominant firms from actions harmful to the competitive process. The way the bill achieves this is relatively straightforward. It simply asks whether a firm with substantial market power has acted with purpose, effect, or likely effect of substantially lessening competition in a relevant market. This test is not a novel one. It operates already in the Act's prohibitions against anti-competitive agreements and anti-competitive mergers or acquisitions. It also operates in Australia's prohibition against anti-competitive unilateral conduct.