HCargill: coded the 1986 statute (unamended).

2008-06-19T20:01:50Z

coded the 1986 statute (unamended).

New page

'''Score = 17'''

''Governed by:'' The Commerce Act 1986.
<ref>Statute from Knowledge Basket, at http://gpacts.knowledge-basket.co.nz/gpacts/public/text/1986/an/005.html</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| §4 extends the act to conduct outside New Zealand.

|- class="categorydivision"
| Remedies
| Fines
| 1
| §80 allows fines for violations of the Commerce Act.

|-
|
| Prison Sentences
| 0
|
|-

|
| Divestitures
| 1
| §85 allows for divestiture after prohibited mergers.

|- class="categorydivision"
| 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.

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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
|

|}

== References ==
<references />

New Zealand (1986) - Revision history

HCargill: coded the 1986 statute (unamended).