Commission policies

The Commerce Commission recognises the value and importance of transparency.

Transparency not only engenders trust, but allows our stakeholders to interact with the Commission from a position of knowledge and understanding.

Where appropriate the Commission publishes policies which set out how the Commission will approach scenarios that arise in our enforcement and regulatory work. Our policies are reviewed regularly, and new policies added when required.

Cartel Leniency Policy

The Commerce Commission's Cartel Leniency Policy explains how a company or an individual can apply for conditional immunity or formal cooperation (if immunity is not available) in relation to cartel conduct.

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Cooperation Policy

The Commission's Cooperation Policy provides a guide to the cooperation conditions.

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Criminal Prosecution Guidelines

Our Criminal Prosecution Guidelines provide additional guidance on the circumstances in which the Commission will initiate a criminal prosecution, and the principles and practices applicable to each criminal prosecution.

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Draft Document production guidelines

The Commission’s draft Document production guidelines are designed to help parties produce electronic and hardcopy documents in response to a Commission request for documents.

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Enforcement criteria

The Commission uses enforcement criteria to assist it in its discretionary activities when making decisions on whether to open an investigation, and what enforcement action it will take at the end of an investigation.

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Enforcement Response Guidelines

The Enforcement Response Guidelines describe how the Commerce Commission enforces New Zealand’s fair trading, competition and credit contract laws.

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Model Litigant Policy

The Commission considers that it is important to have a clear Model Litigant Policy and to commit to acting as a model litigant.

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Guidelines for Overseas Requests for Compulsorily Acquired Information and Investigative Assistance

The Commission's Overseas  guidelines explain how the Commission deals with requests from recognised overseas regulators made under a co-operation agreement for this type of information. The information must be in relation to competition, fair trading or consumer credit law, or to the regulation of telecommunications.

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Guidelines for quantitative analysis

The Commission's Guidelines for Quantitative Analysis outline the principles we follow when undertaking quantitative analysis as part of our decision-making.

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Recovering costs in challenges to Commission determinations

This guidance is intended to clarify the costs implications for parties who take legal action to challenge a determination issued by the Commission.

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