New Zealand (2005) - Revision history

Kajrozga at 02:29, 23 January 2009

2009-01-23T02:29:02Z

← Older revision		Revision as of 02:29, 23 January 2009
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	'''Score = 16'''		'''Score = 16'''

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

HCargill at 00:19, 21 July 2008

2008-07-21T00:19:32Z

← Older revision		Revision as of 00:19, 21 July 2008
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	\| Collusive Tendering/Bid-Rigging		\| Collusive Tendering/Bid-Rigging
	\| 1		\| 1
	\| The New Zealand Commerce Commission defines bid rigging as price fixing, in its definitions of anticompetitive practices.<ref>Their page discussing anticompetitive practices can be found at http://www.comcom.govt.nz/BusinessCompetition/Anti-competitivePractices/GuidetoAnti-competitivePractices/anti-competitivepractice.aspx. citing a bid-rigging case in its discussion of price fixing.		\| The New Zealand Commerce Commission defines bid rigging as price fixing, in its definitions of anticompetitive practices.<ref>Their page discussing anticompetitive practices can be found at http://www.comcom.govt.nz/BusinessCompetition/Anti-competitivePractices/GuidetoAnti-competitivePractices/anti-competitivepractice.aspx. citing a bid-rigging case in its discussion of price fixing.</ref>

	\|-		\|-

HCargill at 00:18, 21 July 2008

2008-07-21T00:18:03Z

← Older revision		Revision as of 00:18, 21 July 2008
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	'''Score = 15'''		'''Score = 16'''

	''Governed by:'' The Commerce Act 1986, most recently amended in 2005.		''Governed by:'' The Commerce Act 1986, most recently amended in 2005.
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	\|		\|
	\| Collusive Tendering/Bid-Rigging		\| Collusive Tendering/Bid-Rigging
	\| 0		\| 1
	\|		\| The New Zealand Commerce Commission defines bid rigging as price fixing, in its definitions of anticompetitive practices.<ref>Their page discussing anticompetitive practices can be found at http://www.comcom.govt.nz/BusinessCompetition/Anti-competitivePractices/GuidetoAnti-competitivePractices/anti-competitivepractice.aspx. citing a bid-rigging case in its discussion of price fixing.

	\|-		\|-

HCargill: New page: '''Score = 15''' ''Governed by:'' The Commerce Act 1986, most recently amended in 2005. Available from the Government of New Zealand, statute at http://www.legislation.govt.nz/act/p...

2008-06-15T18:09:02Z

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/p...

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 />