Anytime NZ Limited seeks collaborative activity clearance for agreements with fr…

The Commerce Commission has received an application from Anytime NZ Limited (Anytime NZ) seeking clearance under section 65A of the Commerce Act 1986 relating to proposed agreements with its franchisees.

Published 22 September 2021

The applicant is the New Zealand master franchisee for the global gym franchise Anytime Fitness. Currently 53 gyms operate as part of the Anytime Fitness franchise in New Zealand.

Anytime NZ proposes entering into arrangements with Anytime Fitness New Zealand franchisees that contain standardised pricing provisions. The agreements would allow the applicant to impose lower and upper limits on franchisees’ membership pricing. It considers that the standardised pricing provisions are or may be cartel provisions, but that they are reasonably necessary and do not substantially lessen competition. 

A public version of the clearance application will be available shortly on the Commission’s case register ( 1.9 MB, PDF ).