Commerce Commission consulting on Competitor Collaboration Guidelines

The Commerce Commission has today released draft guidelines on its approach to assessing collaborations between competitors, in anticipation of the proposed amendments to the Commerce Act 1986, contained in the Commerce (Cartels and Other Matters) Amendment Bill.

Published 01 October 2013

The Commerce Commission has today released draft guidelines on its approach to assessing collaborations between competitors, in anticipation of the proposed amendments to the Commerce Act 1986, contained in the Commerce (Cartels and Other Matters) Amendment Bill.

The Bill is currently awaiting its second reading in Parliament and is expected to be passed into law late 2013 or early 2014. These guidelines are designed to assist the business community with its preparation for the new legislation. If there are further changes to the legislation, the Commission will amend the guidelines as required.

"The guidelines set out the Commission’s intended approach to the cartel prohibition, the exemptions, including the new collaborative activity exemption, and the clearance regime for cartel provisions relating to collaborative activities," said Commerce Commission Chairman Dr Mark Berry.

The Commission will be hosting two public presentations on the guidelines in Auckland and Wellington on:

  1. 5pm Monday 7 October at the offices of Simpson Grierson, Level 28, Lumley Centre, 88 Shortland Street, Auckland. RSVP to GuidelinesConsult@comcom.govt.nz specifying the Auckland event and numbers attending.
  2. 5pm Thursday 10 October Commerce Commission, 44 The Terrace, Wellington. RSVP to GuidelinesConsult@comcom.govt.nz specifying the Wellington event and numbers attending.

The Commission invites comments from interested parties and these can be sent to: GuidelinesConsult@comcom.govt.nz by 5pm on 12 November 2013.

The draft Competitor Collaboration guidelines can be viewed on the Competitor Collaboration Guidelines page.