New Zealand (2005): Difference between revisions
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| 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> | ||
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Revision as of 00:19, 21 July 2008
Score = 16
Governed by: The Commerce Act 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. |
References
- ↑ Available from the Government of New Zealand, statute at http://www.legislation.govt.nz/act/public/1986/0005/latest/DLM87623.html
- ↑ 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.