New Zealand’s test for anticompetitive unilateral conduct will change from 5 April 2023. Persons with substantial market power will be prohibited from engaging in conduct that has the purpose, effect or likely effect of substantially lessening competition in a relevant market. The NZCC is expected to publish guidelines on the application of the new law. …
Competition law developments overseas can influence domestic thinking and trends. Two noteworthy recent international competition law developments are: The EC’s new vertical agreement exemptions and guidelines – What lessons can we take in applying NZ competition law to vertical agreements? The new chair of the ACCC’s speech on international collaboration of competition regulators – To …
The New Zealand Government has announced its full response to the New Zealand Commerce Commission’s (NZCC) market study into the retail grocery sector which found competition is not working well for consumers and supermarkets earn NZ$1M a day in excess profits. The Government has accepted 12 of the NZCC’s 14 recommendations – and the 2 …
On 1st April 2022 Matthews Law celebrates its birthday and the start of its 10th year in business as New Zealand’s leading specialist competition law firm. Thank you to all our clients and colleagues for your continued support.
On 30 March 2022 the Commerce Amendment Bill (Bill) passed its third reading and should receive royal assent soon. The Bill will: replace the test for misuse of market power extend the prohibition on cartel conduct to cartel provisions in covenants remove intellectual property exceptions empower the New Zealand Commerce Commission (NZCC) to grant interim …
On 8 March 2022 the New Zealand Commerce Commission (NZCC) released its final report on its study on competition in the retail grocery sector. The final report is the product of over a year of work after the NZCC was directed to look at factors affecting competition in the retail grocery sector on 17 November …
Andy Matthews has been interviewed on the upcoming grocery market study report to be released on 8 March 2022 for Stuff article: “Omicron won’t get supermarkets off the hook with ComCom, advocates predict”.
Andy Matthews has been interviewed on the Commission’s proceedings filed against Objective Corporation Limited for acquiring Master Business Systems Limited for New Zealand Herald article: “Why Aussie software firm faces penalty after taking over Kiwi rival”.
It’s been another dynamic year for New Zealand competition law, with the collaborative activity clearance and restrictive trade practices (RTP) provisional authorisation mechanisms introduced in recent years starting to see use and other proposals for change still on the horizon. Market studies have also seen a lot of activity, as has the Commission Commission’s (NZCC’s) …
On 3 September 2021 the District Court dismissed 45 charges the New Zealand Commerce Commission (NZCC) filed against Bunnings Limited (Bunnings) for alleged breach of the Fair Trading Act 1986 (FTA).