Competition and consumer law

Commerce Commission looks to formalise the merger clearance process
In July 2008 the Commerce Commission released its Draft Merger and Acquisitions Process Guidelines. While useful in terms of providing transparency of process, senior associate David Blacktop outlines why the guidelines are unlikely to speed up the clearance process and will not fundamentally change the current regime from a merger participant's point of view.

Price control amendments update
The Commerce Select Committee has reported back on the Commerce Amendment Bill which rewrites New Zealand's price control laws. In this update, senior associate David Blacktop highlights two important changes the Committee has recommended be made to the Bill: the provision of additional appeal rights; and improvements to the transitional arrangements for electricity lines businesses.

Court of Appeal finds vendors in NZ Bus not liable
In this article, senior associate Jenny Cooper comments on the recent Court of Appeal decision which overturned the High Court's landmark finding of accessory liability for breach of the Commerce Act against the vendors of Mana Coach Services to New Zealand Bus Limited. The High Court decision was the first time that vendors had been found liable under the Act in relation to an anti-competitive business acquisition.

Consumer credit test case provides guidance on fees
In this article, senior associate Jenny Cooper and solicitor Nick Christiansen outline how the dismissal of charges against a finance company in a test case over loan fees should bring greater clarity for an industry that is increasingly under the watch of New Zealand regulators.

Enquiries and information

For more information on any of the cases, articles and features in Commercial Quarterly, please email Diane Graham or call her on 64 9 916 8849.