New Zealand's current competition laws like Canada's are comparatively new. The Commerce Act (the "Act") and Canada's Competition Act were both passed in 1986. The New Zealand Act in essence recognises the efficiencies defence. Where a merger is likely to result in the acquisition of a dominant...

This review discusses developments arising from three recent decisions in the field of competition law.The first is the High Court of Australia's decision in NT Power Generation Pty Ltd v Power & Water Authority [2004] HCA 48 ("NT Power"). That decision relates to the application of...

This presentation looks at:What is a Merits Review? The Australian Experience in Energy Regulation The New Zealand Proposal A Better Approach?

This seminar will update developments on changes to Part 4A of the Commerce Act as outlined in the Commerce Amendment Bill 2008. Topics will include: (1) purpose statements (2) thresholds/default price-quality paths and problems in transition (3) the scope and meaning of input methodologies (4)...

This brief outline identifies the various issues which confront the failing company defence. This article will:(1) briefly outline the competition laws which apply to mergers in New Zealand;(2) examine the theoretical basis for the defence with particular reference to the New Zealand setting;(3)...

A new regulatory regime applying to Electricity Lines Businesses (ELBs) will come into force on 1 April 2009. These reforms are set out in the Commerce Amendment Bill 2008 which passed its Third Reading on 5 September 2008. Although many commentators have welcomed the Bill it may well prove to...

The abuse of market power by monopolists has long been a central concern of competition laws. However the formulation and application of an appropriate rule against monopolisation has proven to be highly problematic largely because it is difficult to differentiate between vigorous competition...