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

An individual wishing to enter into an agreement that might be prohibited under Sections 27, 28, 29, 37 or 38 may apply to the Commission for authorization pursuant to Section 58. Authorization is appropriate where the Commission is satisfied that under all the circumstances a benefit to the public will result which will outweigh the lessening of competition brought about by the agreement. The gra …

Exemptions

  Section 27 of the Commerce Act sets out a general prohibition concerning “arrangements” if they have purpose, effect or likely effect to substantially lessening competition on the market. Specific behavior is prohibited in subsequent Sections of the Act. Such is the case of collective boycotts, described as the entering into agreements with competing undertakings containing exclusionary provisions, either by refusing to buy or to sell to a competitor. Resale price maintenance is prohibited under Sections 37 and 38. With regard to price suggestions, a supplier must be clear that there is no obligation to comply with recommended prices (Section 39). New Zealand's Commerce Act does not include any specific counterpart to the prohibition set out under Australian law on exclusive dealing but this behavior is likely to be covered by the general prohibition in Section 27.

  However Section 30 specifically prohibits per se agreements fixing, controlling or maintaining prices for goods or services, which encompasses market sharing and bid rigging.

The prohibition

An individual wishing to enter into an agreement that might be prohibited under Sections 27, 28, 29, 37 or 38 may apply to the Commission for authorization pursuant to Section 58. Authorization is appropriate where the Commission is satisfied that under all the circumstances a benefit to the public will result which will outweigh the lessening of competition brought about by the agreement. The granting of an authorization has the effect of protecting the undertaking concerned from any action stemming from the Act, either by the Commission or by private parties. The Amendment Bill under scrutiny, if adopted, will provide for a clearance system allowing undertakings to notify their agreements to the Commerce Commission before entering them.

In addition to such individual exemptions, agreements that are excluded from coverage under the Act are listed in Section 44. These include, inter alia, agreements establishing standards, employment agreements, agreements relating exclusively to exports or between partners or interconnected corporate bodies. There is also a separately established exemption relating to intellectual property rights (Section 45). Finally, there are partial exemptions from the price-fixing prohibition set out in Article 30 in favor of recommended prices (Section 32), joint buying or advertising arrangements (Section 33) and joint ventures (Section 31).

Global Competition Law

1142. Exemptions

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Les notions juridiques connexes

1142. Exemptions

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise