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Competition & Consumer

Our competition and consumer team are recognised for their experience and expertise in advising on the Commerce Act and Fair Trading Act.

 

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Our Expertise

Our team have been involved in a number of decisions that have established fresh precedents.  We  are commercial in our approach, recognising the reality of doing business and seeking to provide pragmatic advice and solutions within the bounds of the law.

  

Our work includes preparing applications for clearance and authorisation for mergers and acquisitions; preparing submissions and participation in Commerce Commission conferences opposing applications for clearance and authorization; acting on appeals to the High Court against Commerce Commission decisions and appearing on behalf of clients in Commerce Act pecuniary penalty actions and Commerce Commission Fair Trading Act investigations and prosecutions.

 

We also provide advice on a range of restrictive trade practices, including exclusive dealing, predatory pricing, price‑fixing and resale price maintenance.

 

Our experts are frequently called upon to preparing applications for authorisation of restrictive trade practices. We review advertising and promotional material for television, radio and print media to ensure compliance with the Fair Trading Act, in particular to assess possible misleading and deceptive conduct and false and misleading representations.

 

We also regularly assist our clients in risk management by delivering comprehensive trade practice compliance and training programmes across a range of industries.

The team has had numerous successes to date, including acting for:

 i4free in its successful interim injunction applications against Telecom

 NZ Rugby Union; player regulations before the Commerce Commission and High Court

 Gullivers Pacific Ltd, successful opposition to the Air NZ/Qantas merger, July 2005

The team regularly present to competition law conferences and are members of the Competition Law and Policy Institute of New Zealand.  

News and Insights

| 28 Apr 2010 | Competition & Consumer
An analysis of the meaning of 'competition' in New Zealand and Australia confirming competition is the absence of market power to set prices or other terms and conditions of trade, and that such absence of market power can result from constraints imposed by either rivals or customers.READ MORE*
| 28 Apr 2010 | Competition & Consumer
Trade associations through which competitors meet and discuss issues of joint concern and share knowledge of market conditions and activities. How does the Act apply to them.READ MORE*
| 02 Mar 2010 | Competition & Consumer
A guide to dealing with Commerce Commission investigations.READ MORE*