Fact sheets

The Commerce Commission publishes fact sheets to help businesses better understand how to avoid anti-competitive behaviour.

Fact sheets provide an easy-to-understand summaries about topics related to Mergers and Acquisitions and avoiding anti-competitive behaviour.

Electricity and the Commerce Commission's role

This page gives an overview of the Commerce Commission's role in the electricity industry. It is designed to give consumers an understanding of what we can and can't do under the Fair Trading and Commerce Acts.

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Agreements that substantially lessen competition

This fact sheet explains how and when an agreement may be illegal under section 27 of the Commerce Act. It is designed to give businesses an understanding of when agreements they have with competitors, suppliers or customers may substantially lessen competition in a market.

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Exemptions under the Commerce Act

This fact sheet provides an overview of the types of agreements and behaviour that are exempt from the Commerce Act.

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How to recognise bid rigging

As bid rigging is generally carried out in secret, it can be very difficult to detect.

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How to deter bid rigging

The risks of anti-competitive conduct such as bid rigging in procurement can be mitigated by designing tenders in a way that minimises the likelihood of collusion.

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Mergers and acquisitions – Applying for a clearance

This fact sheet explains when and why a business might want to apply to the Commerce Commission for clearance of a proposed merger. It is designed to give businesses an understanding of the process we follow when we consider a clearance application.

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Mergers and acquisitions – Merger assessment

This fact sheet explains when and why a merger has the potential to substantially lessen competition in a market. It is designed to give businesses an understanding of how the Commerce Commission assesses mergers.

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Leniency policy for cartels

This fact sheet explains the Commerce Commission's approach to leniency when dealing with cartels. It outlines how a cartel member may be eligible for conditional immunity from prosecution (or cooperation where immunity is no longer available) and the processes involved.

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Price fixing and cartels

This fact sheet explains the types of agreements between businesses that amount to price fixing. It is designed to give businesses a better understanding of the types of behaviour and communication that could put them at risk of breaching the Commerce Act.

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Resale price maintenance

Resale price maintenance occurs when a supplier of goods enforces, or tries to enforce, a minimum price at which the reseller must on-sell those goods.

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Taking advantage of market power

This fact sheet explains what a substantial degree of market power is and when taking advantage of that power is illegal under section 36 of the Commerce Act. It is intended to give businesses a better understanding of the types of behaviour that risk breaking the law. It also outlines what situations and behaviour may not necessarily be illegal.

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Product stewardship schemes

This fact sheet explains how the Commerce Act might apply to product stewardship schemes. It is designed to give businesses a better understanding of how such schemes can be operated so that their benefits can be achieved without breaching the Act.

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The Commerce Act – Regulation of goods and services

This fact sheet explains why certain goods and services are regulated under the Commerce Act.

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Health sector fact sheets

The health series of fact sheets is designed to help health professionals work within competition and consumer laws.

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