Competition law

The central purpose of competition law is the promotion of competition between market competitors. It encompasses issues arising under the Commerce Act 1986 and Fair Trading Act 1986, primarily in relation to anti-competitive trade practices, mergers and business acquisitions, economic regulation governing regulated industries, and allegations of misleading or deceptive business conduct. Potential anti-competitive business practices upon which members are commonly asked to give advice include predatory pricing, product bundling, the refusal or termination of supply, exclusive dealing and access terms and pricing. Members also commonly provide advice on the competition law implications of contractual arrangements such as distribution arrangements, franchises and joint ventures.

Our members have experience advising on all the issues described above. Members have acted as counsel in a number of major New Zealand competition law cases on behalf of individuals, companies and the Commerce Commission. Members often work as counsel alongside leading forensic economic experts, as economic principles underpin competition law. Members are also experienced in assisting companies and individuals (including company officers needing separate representation) with representation in Commerce Commission investigations, and seeking and obtaining immunity for anti-competitive conduct under the Commerce Commission’s leniency policy. Members have also represented clients in applications to the Commerce Commission for clearance or authorisation for mergers or business acquisitions or authorisation of restrictive trade practices, and have acted as counsel in relation to appeals against Commerce Commission decisions.

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