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 …
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 …