Competition and consumer law

Time to change the focus
In this article, partner Phil Taylor and senior associate David Blacktop discuss how the economic environment, a change of government and a changing of the guard at the Commerce Commission provide an opportunity for the commission to shift its balance towards a greater emphasis on resolving cases earlier and at lower cost to New Zealand Inc.

Decision upheld in consumer credit test case appeal
In this article, partner Jenny Cooper and solicitor Nick Christiansen discuss a recent High Court decision which confirms the ability of lenders to set prepayment fees based on their business model and lending practices, rather than the "safe harbour" formula advocated by the Commerce Commission.

Overseas defendants stay in Commission's line of sight
The Court of Appeal's ruling in the long running Koppers Arch Commerce Act litigation represents a significant victory for the Commerce Commission in confirming the territorial reach of the Act to overseas defendants. In this article, senior associate Jenny Stevens comments on the significance of the court's decision.

When failing = winning
For firms facing closure in these tough economic times, the prospect of recouping some of the losses by selling to another industry player is likely to be welcomed. In this article, partner Torrin Crowther discusses the scope to achieve Commerce Commission blessing for such a sale, even when it might result in the purchaser gaining a very high market share (or even a monopoly).

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.