The Food Act 2014 (FA) comes into force today, replacing the Food Act 1981. The aim of the FA is to promote food safety by focusing on food production processes rather than the premises where food is prepared. The FA introduces higher penalties (up to $500,000 for companies and $100,000 for individuals) for breaches and …
Andrew Matthews has been selected by his peers for inclusion in the Eighth Edition of The Best Lawyers in New Zealand in the practice areas of Competition and Consumer Law and Regulatory Practice. Andrew has been recognised as a top lawyer in the area of Competition and Consumer Law since 2014, and the firm is …
Matthews Law has been ranked as a leading firm in competition/antitrust in the Chambers Asia-Pacific 2016 Guide. The Guide describes our firm, established in 2013, as a “Notable competition law boutique that is sought out for its depth of expertise on merger clearances, cartel investigations and regulatory and consumer protection law. Its sector expertise spans …
Targeted review of the Commerce Act 1986 In one of our last newsletters for 2015 we discussed the publication of the Ministry of Business, Innovation and Employment’s (MBIE) Targeted Review of the Commerce Act 1986 – Issues Paper (Issues Paper). The Issues Paper essentially focuses on whether NZ’s misuse of market power test (section 36) …
In a surprise announcement, Minister of Commerce and Consumer Affairs Paul Goldsmith has confirmed that criminal sanctions for cartel conduct will be dropped from the Commerce (Cartels and Other Matters) Amendment Bill (Cartels Bill), which has been making its way through the parliamentary process for over 4 years.
The Commerce Commission (NZCC) has had another busy year, particularly in the areas of consumer protection (including advocacy), cartels and regulated industries. NZCC Chair, Dr Mark Berry, recently spoke at stakeholder briefings in Auckland and Wellington about the NZCC’s activities and achievements during the last financial year, and the NZCC’s plans for the future.
This week the Ministry of Business, Innovation and Employment (MBIE) published an issues paper, “Targeted Review of the Commerce Act 1986” (Issues Paper). The Issues Paper essentially focuses on whether NZ’s misuse of market power test and alternative enforcement mechanisms work, and whether NZ needs formal powers specifically aimed at analysing competition across markets. Legal …
Last month the Commerce Commission (Commission) issued a formal warning to Consolidated Alloys (N.Z.) Limited (Consolidated Alloys) for including an “anti-competitive clause” in a negotiated settlement with its competitor Edging Systems (NZ) Limited (Edging Systems). The clause was included in a settlement agreement to resolve a commercial dispute involving Edging Systems’ alleged breach of Consolidated …
Harvey Norman – when is a price the right price? Australasian retailer Harvey Norman launched its “New Zealand’s Biggest Retail Sale” promotion last week. However due to a technical computer glitch some goods, including lounge suites, were mistakenly advertised online for less than $100 when their intended price was significantly more. According to media reports, …
We raise this question due to a provocative observation of Dr Kaj Storbacka during a presentation by Dr Storbacka and Dr Suvi Nenonen* “The Importance of Market Innovations for New Zealand” at a Law and Economics Association of New Zealand seminar on 27 August. Dr Storbacka noted that during his extensive management consulting and academic …