Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The expressed purpose of the Commerce Act is to promote competition for the long-term benefit of consumers within New Zealand. The Commerce Act covers anticompetitive conduct in markets within New Zealand and overseas business activities to the extent that New Zealand markets are affected. In particular it:
- prohibits the establishment or operation of business arrangements which substantially les …

Scope

The competition process in New Zealand is governed by the Commerce Act of 1986 ("the Act"), replacing the former Commerce Act of 1975. While the earlier Commerce Act was modeled on the UK's Restrictive Trading Practices Act, the current Act, closely parallels Australia's Trade Practices Act (renamed the Competition and Consumer Act in 2011). In particular, the Commerce Amendment Act of 2001, the main amendment to the Commerce Act to date, alters the standards applicable to mergers and abuse of a dominant position, and empowers the Commission to issue administrative cease-and-desist orders. An amendment adopted in April 2019 (entering into force on 8 April 2021) introduced criminal sanctions for hardcore cartel activities in order to further bring in line New Zealand's regime with its trading partners', especially Australia. More recently, the Commerce Amendment Act of April 2022 strengthens the prohibition against misuse of market power and improves the functioning of the Commerce Act. 

Context

The expressed purpose of the Commerce Act is to promote competition for the long-term benefit of consumers within New Zealand. The Commerce Act covers anticompetitive conduct in markets within New Zealand and overseas business activities to the extent that New Zealand markets are affected. In particular it:

- prohibits the establishment or operation of business arrangements which substantially lessen competition (Section 27);

- prohibits price fixing agreements between competing undertakings (Section 30);

- prohibits undertakings from taking advantage of a substantial degree of market power for anticompetitive purposes (Section 36);

- prohibits resale price maintenance by suppliers (Section 37);

- provides for price control in markets where there is an absence of competition (Section 52 et seq.).

In addition, the Act regulates access to essential facilities such as electricity (Section 54 et seq.) and gas (Section 55 et seq.). The Crown is subject to the provisions of the Act to the extent that it engages in trade (Section 5); however, it is not liable for pecuniary penalties.

Global Competition Law

1140. Scope

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Les notions juridiques connexes

1140. Scope

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Les notions juridiques connexes

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