HCargill: added NZ competition as of latest statute.

2008-06-15T18:08:04Z

added NZ competition as of latest statute.

New page

'''Score = 15'''

''Governed by:'' The Commerce Act 1986, most recently amended in 2005.
<ref>Available from the Government of New Zealand, statute at http://www.legislation.govt.nz/act/public/1986/0005/latest/DLM87623.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
| 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.

|- class="categorydivision"
| 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.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 1
| §66 states that parties wishing to merge may request authorization.

|-
|
| Mandatory
| 0
|

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
|

|- class="categorydivision"
| 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.

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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
| 0
|

|-
|
| 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.

|}

== References ==
<references />

New Zealand (2004) - Revision history

HCargill: added NZ competition as of latest statute.