New Zealand (2005)

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Score = 16

Governed by: The Commerce Act of 1986, most recently amended in 2005. [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 1 §80E allows for prison sentences for those violating a court's order not to participate in corporate management.
Divestitures 1 §85 allows for divestiture after prohibited mergers.
Private Enforcement 3rd Party Initiation 1 §81 and §84 allow any person to go to a court for injunctive relief to stop prohibited practices.
Remedies Available to 3rd Parties 1 §82 and §84A 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 1 §66 states that parties wishing to merge may request authorization.
Mandatory 0
Pre-merger 0
Post-merger 1
Merger Assessment Dominance 0
Restriction of Competition 1 §47 prohibits mergers that substantially lessen competition.
Public Interest (Pro D) 1 §67(3)(B) allows the Commission to clear a merger if the public benefit outweighs the loss of competition
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 §3A requires the commission to consider efficiency when calculating public benefit.
Dominance Limits Access 0
Abusive Acts 1 §36 (1) prohibits using market power to limit competition.
Price Setting 0

Discriminatory Pricing 0
Resale Price Maintenance 1 §37 prohibits resale price maintenance
Obstacles to Entry 1 §37 prohibits using market power to restrict entry or eliminate rivals.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 §30 (1) 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 1 The New Zealand Commerce Commission defines bid rigging as price fixing, in its definitions of anticompetitive practices.[2]
Supply Refusal 1 §29 prohibits supply refusal.
Efficiency Defense 1 §3A and §59 require the Commission to consider efficiency when deciding whether to authorize restrictive trade practices.


  1. Available from the Government of New Zealand, statute at
  2. Their page discussing anticompetitive practices can be found at citing a bid-rigging case in its discussion of price fixing.