Background Last year, the NZ Government consulted the public on the options to establish a consumer data right (CDR) in NZ. (Our newsletter on the CDR consultation is here.) In this digital, data-driven world it is common for businesses to collect data from their transactions with consumers. (They can even end up with more data …

The Commerce (Criminalisation of Cartels) Amendment Act comes into force in New Zealand today. This means that: It is a now a criminal offence under the Commerce Act to enter into or give effect to a cartel provision while intending to engage in “price fixing”, “restricting output” or “market allocating”. Cartel law is designed to …

2020: Competition & consumer laws box on in the face of pandemic Competition Price fixing… – comes in all shapes and sizes, and does not discriminate! The Supreme Court ruled in favour of the Commerce Commission (Commission) in the first defended price fixing case in a decade. Ultimately Lodge was ordered to pay $2.1M and …

The new Privacy Act 2020 (Act) came into force on 1 December 2020, replacing the 27 year old Privacy Act 1993. The new Act is intended to be more fit for the digital age where new technologies, such as social media platforms, e-commerce, and cloud storage, have transformed the way personal information is used. Many …

The New Zealand Government has announced its decision to make further major changes to NZ’s competition (antitrust) law. Assuming it is re-elected in September’s General Election, the Government anticipates introducing a Bill in early 2021 that would: replace the test for abuse of market power; remove IP exceptions; increase pecuniary penalties for breach of merger …

The issue of “price gouging” is very topical – not just in New Zealand, but globally – as governments are effectively forced to reduce the competitive playing field in response to COVID-19. The New Zealand Government is acutely aware of the risk that essential businesses (eg supermarkets) might seek to take advantage of these unusual …

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