Guidelines

The Commerce Commission publishes guidelines to help businesses better understand how to avoid anti competitive behaviour.

Guidelines provide in-depth information about rules and practices for Mergers and Acquisitions and avoiding anti competitive behaviour.

Benefits and Detriments Guidelines

The development of new guidelines for the analysis of public benefits and detriments has been put on hold pending the outcome of a major application for authorisation (Kotahi Logistics).

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Cease and Desist - guidelines

These Guidelines set out the approach the Commerce Commission proposes to follow in relation to the application of the cease and desist order provisions contained in ss 74A to 74D of the Commerce Act.

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How to Recognise and Deter Bid Rigging - guidelines for procurers

These guidelines are intended to be a practical tool to assist procurers (purchasers) to ensure open and effective competition and achieve best value for money.

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Mergers and Acquisitions Clearance Process - guidelines

The Commission is responsible for assessing applications for clearance from businesses seeking to acquire or merge with competitors. These applications are voluntary.

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Mergers and Acquisitions - guidelines

The Commission is considering updating its Mergers and Acquisitions Guidelines, which were published in 2003.

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Mergers and Acquisitions Divestment Remedies - guidelines

These guidelines reflect the Commission’s current approach for assessing divestment undertakings.

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Mergers and Acquisitions Failing Firms - guidelines

The Commission sometimes receives applications for clearance that claim an otherwise anti-competitive merger or acquisition should be cleared by the Commission because one or more of the parties is failing, or has a failing division, and its assets will otherwise leave the market. This is commonly called the ‘failing firm argument’.

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Supply of School Uniforms - guidelines

As some arrangements for the supply of uniforms might raise issues under the Commerce Act, the Commission has prepared these guidelines to allow all parties to be more informed.

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Streamlined Authorisation Process - guidelines

These guidelines set out a streamlined process that will enable the Commission to make a decision on straightforward authorisation applications as quickly as possible.

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Trade Associations - guidelines

Members of trade or industry associations are usually competitors. This means that care must be taken to ensure that associations and individual members do not engage in anti-competitive behaviour that may breach the Commerce Act.

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