New Zealand Update: COMPETITION LAW DEVELOPMENTS

Commerce Commission:

The Commerce Commission filed proceedings to object to a software acquisition (in the building consent space). The parties agreed to settle the proceedings. The case highlights New Zealand’s lack of financial thresholds and therefore “modest-sized” deals can, perhaps inadvertently, be caught out by the New Zealand competition approval regime.

Width of Cartel Conduct:

The High Court made a declaration agreements in relation to not competing for keyword advertising (e,g. Google search) to be cartel conduct. This is a good reminder of the issues involved and their importance due to the recent criminalisation of cartel conduct.

Warning on Cartel Conduct:

The Commerce Commission also reminded businesses that agreements between competitors can result in criminal liability.

By David Quigg, Quigg Partners, New Zealand, a Transatlantic Law International Affiliated Firm.

For further information or for any assistance please contact newzealand@transatlanticlaw.com

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