Competition Law

Competition law has as its central purpose the promotion of competition between market competitors.  It encompasses legal issues arising under the  Commerce Act 1986 and Fair Trading Act 1986, primarily in relation to anti-competitive trade practices, mergers and business acquisitions, economic regulation governing regulated industries and allegations of misleading or deceptive business conduct.

Potential anti-competitive business practices upon which members are commonly asked to give advice include predatory pricing, product bundling, the refusal or termination of supply, exclusive dealing and access terms and pricing. Members also commonly provide advice on the competition law implications of contractual arrangements such as distribution arrangements, franchises and joint ventures.

Barristers at Bankside Chambers have in-depth specialist competition law expertise and have experience giving advice on all the issues described above. Members have acted as counsel in a number of major New Zealand competition law cases on behalf of individuals, companies and the Commerce Commission.  Members often work as counsel alongside leading forensic economic experts as economic principles underpin competition law.

In addition to providing advice and representation on all matters discussed above, members’ experience includes assisting companies and individuals (including company officers needing separate representation) with representation in Commerce Commission investigations, and seeking and obtaining immunity for anti-competitive conduct under the Commerce Commission’s leniency policy.

Members have also represented clients in applications to the Commerce Commission for clearance or authorization for mergers or business acquisitions or authorization of restrictive trade practices, and acted as counsel in relation to appeals against Commerce Commission decisions.

Members of chambers include leading writers and presenters on the topic of competition law, and include the 2 presenters of the 2012 New Zealand Law Society seminar “Competition Law- The Must Knows”

Experts in this area