This paper argues that the New Zealand legislation against abuse of market power, and subsequent jurisprudence, is ineffective to deal with the problem, in particular by relying on a counterfactual test - would a firm without market power have done the same thing, and if so, the firm with market...

This paper notes that New Zealand's competition authority, the Commerce Commission, does not currently have the explicit power to conduct 'market studies', which are proactive and generally broad-ranging investigations into the workings of a market and which are not triggered by specific...