New Zealand competition law has had a busy year with record numbers of clearance applications, leniency applications, and market study reports.

We summarise below some competition highlights for 2022 and some insider intel on what we can look forward to for the new year.

Thank you all for your continued support.

2022 competition highlights

  • The New Zealand Commerce Commission (NZCC) decided 21 merger clearance applications in FY21/22 – a record number since FY07/08. The NZCC usually decides around 10 applications a year. The NZCC has noted many of these matters were complex and that its clearances pipeline is now much reduced. The NZCC currently has 3 open merger clearance applications.
  • The NZCC similarly had double the usual number of cartel leniency or immunity applications – contrary to international trends where immunity applications have been decreasing.
  • For the fourth year in a row, the NZCC declined no merger clearance applications. However of the 16 merger clearance applications closed in 2022, 4 were withdrawn and 3 were cleared subject to divestment.
  • The NZCC granted 2 authorisation applications for collective bargaining. Provisional authorisation was also granted in these cases allowing the parties to collectively bargain before the final determination.
  • The first collaborative activity clearance application was declined. There have been no further applications yet.
  • The NZCC issued proceedings against Objective Corporation Limited for its acquisition of Master Business Systems Limited. Objective was ordered to pay a $1.54M penalty.
  • Significant pecuniary penalties were imposed for cartel conduct. $4.9M on Mondiale Freight Services Limited & $65K each on 4 of its current and former directors, and $4.6M on Oceanbridge Shipping Limited & $100K on its director.
  • The NZCC released two market study reports for the retail grocery industry and residential building supplies industry.
  • Fair Trading Act changes came into force including the prohibition on unconscionable conduct and extending the unfair contract terms regime to small trade contracts.
  • A new grocery covenants prohibition was added to the Commerce Act in response to the retail grocery market study.

Line up for 2023

Things to look forward to in the new year include:

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