New Zealand (1986)

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Score = 17

Governed by: The Commerce Act 1986. [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 §4 extends the act to conduct outside New Zealand.
Remedies Fines 1 §80 allows fines for violations of the Commerce Act.
Prison Sentences 0
Divestitures 1 §85 allows for divestiture after prohibited mergers.
Private Enforcement 3rd Party Initiation 1 §81 allows any person to go to a court for injunctive relief to stop prohibited practices.
Remedies Available to 3rd Parties 1 §82 allows third parties to recover in civil suits for damages resulting from prohibited practices.
3rd Party Rights in Proceedings 1 §60 through §64 allow 3rd parties rights to be notified of and participate in authorization hearings.
Merger Notification Voluntary 0
Mandatory 3 §50 requires large companies to seek government approval before merging.
Pre-merger 2 §50 requires that approval be obtained before merger.
Post-merger 0
Merger Assessment Dominance 1 Section 50 and Schedule 1 of the act require only large companies to seek merger approval. Under §66, the commission must consider whether a company will acquire a dominant position when it considers whether to authorize a merger.
Restriction of Competition 0
Public Interest (Pro D) 1 §66(8) allows the Commission to clear a merger if the public benefit outweighs the loss of competition
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 0
Abusive Acts 0
Price Setting 0

Discriminatory Pricing 1 § 40 prohibits discriminatory pricing
Resale Price Maintenance 1 §37 prohibits resale price maintenance
Obstacles to Entry 1 §36 prohibits using market power to restrict entry or eliminate rivals.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 §30 prohibits price fixing.
Tying 0
Market Division 0
Output Restraint 0
Market Sharing 0
Eliminating Competitors 1 §28 bans contracts or agreements that reduce competition.
Collusive Tendering/Bid-Rigging 0
Supply Refusal 1 §29 prohibits supply refusal.
Efficiency Defense 0


  1. Statute from Knowledge Basket, at