On 15 February 2018, Commerce and Consumer Affairs Minister, Kris Faafoi, tabled the Commerce (Criminalisation of Cartels) Amendment Bill (Bill) in the House. The Bill introduces a new criminal offence for cartel conduct, which includes a penalty for individuals of imprisonment of up to seven years. If enacted, there would be a two-year transitional period …

Commission brings 7 high profile fair trading cases in as many weeks The Commerce Commission (Commission) has brought proceedings against 7 (mostly) well-known companies – peer-to-peer lender Harmoney, Youi, Trustpower, 123 Mart, Budge, Godfreys and Bike Barn – since 1 August this year, alleging various breaches of the Fair Trading Act 1986 (FTA). A number …

Further consolidation in the media sector Two high profile mergers have been announced in the last few months, representing further consolidation in the media, telecommunications and content space in New Zealand. Both mergers are conditional on Commerce Commission (Commission) approval.

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 …

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.

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 …

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