New Zealand (1986)

Score = 17

Governed by: The Commerce Act 1986.

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	0
	Divestitures	1	§85 allows for divestiture after prohibited mergers.
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.
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
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
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
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