Competition and consumer law

Guidance given on the 'failing firm' argument
The Commerce Commission has released its guidelines on 'failing firms', which outline how applications for mergers and acquisitions involving a 'failing firm' argument will be assessed.

Cartels, leniency, markers, and double-dip dobbing
In this article partner Simon Ladd and senior associate Jenny Stevens discuss the Commerce Commission's revised draft leniency policy which was released for public consultation in September. The revised policy introduces two new features, a marker system and a proposed "Amnesty Plus" initiative, which are intended to make the process more transparent and increase the incentives for cartel members to seek leniency.

Time to counter the counterfactual?
In this article, partner Jenny Cooper and solicitor Farzana Nizam discuss the recent Court of Appeal decision in the "0867 proceedings", Commerce Commission v Telecom Corporation of New Zealand Ltd [2009] NZCA 338 where questions over the use of the counterfactual test in misuse of market power cases under section 36 of the Commerce Act were raised.

Review of the Credit Contracts and Consumer Finance Act underway
The Ministry of Consumer Affairs has announced a review of the Credit Contracts and Consumer Finance Act 2003 (CCCFA), which has now been in force for over four years with mixed results. The Ministry has released a discussion document highlighting certain issues with the CCCFA and making a number of significant proposals for reform. In this update, partner Jenny Cooper and solicitor Nick Christianson summarise the key issues and proposals most relevant to lenders.

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.