On 1 September 2023 the New Zealand Government announced that the Grocery Supply Code (Code) will commence on 28 September 2023. We’ve created a summary of supplier rights and retailer obligations in the Code, which you can download.
On 5 April 2023 the Commerce Amendment Act 2022 comes into full force. Significantly this means: New Zealand’s misuse of market power provision now uses an “effects test”. Persons with substantial market power (SMP) are prohibited from engaging in conduct that has the purpose, effect or likely effect of substantially lessening competition in the market …
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.
The New Zealand Commerce Commission (NZCC) released its residential building supplies market study final report (Report) on 6 December 2022. The Report largely reinforces the findings and recommendations in the draft report with the benefit of further consultation and evidence. Unchanged from the draft report, the Report’s key finding is that “competition for the supply …
We are delighted to announce a series of exciting achievements for our staff. We are proud that Andrew (Andy) Matthews has been named as one of Who’s Who Legal “Thought Leaders – Competition 2023”. We also congratulate the other two named individuals – our friends and colleagues barrister Sarah Keene and economist James Mellsop. We …
On 21 November 2022, Minister of Commerce and Consumer Affairs David Clark announced the introduction of the Grocery Industry Competition Bill 2022 (Bill) which is expected to have its first reading in Parliament soon.
The New Zealand Commerce Commission (NZCC) is consulting on new draft Misuse of Market Power Guidelines (Draft Guidelines). Submissions are due by 18 November 2022. Purpose of and background to the Draft Guidelines The Draft Guidelines explain how the NZCC proposes to assess conduct under the new test for misuse of market power which will …
Changes to the New Zealand Fair Trading Act 1986 (FTA) take force on 16 August 2022 which: Prohibit unconscionable conduct Extend the unfair contract terms regime to small trade contracts Entitle consumers to direct uninvited direct sellers to leave or not enter their property These changes are aimed at reducing the prevalence of unfair commercial …
The New Zealand Commerce Commission (NZCC) released its draft report on its residential building supplies market study (Draft Report) on 4 August 2022. The NZCC’s preliminary view is that “competition for the supply and acquisition of key building supplies is not working as well as it could if it was easier for building products to …