Competition and consumer law

The correct way to fail
In this article, partner Torrin Crowther discusses the Commerce Commission's draft supplementary guidelines on how merger and acquisitions applications involving the 'failing firm' argument will be treated.

Commission signals start to implementing new regulatory processes
In this article, senior associate David Blacktop outlines four discussion documents which represent the start of the process of implementing the new regulatory processes in the amended Part IV of the Commerce Act. The discussion documents cover "input methodologies" - the underlying building blocks for implementing regulation under Part IV, the Commerce Commission's revised guidelines on estimating cost of capital, resetting the price path thresholds for electricity distribution businesses (EDBs) and how price-quality thresholds should apply to Transpower.

Commerce Commission's powers under scrutiny in Supreme Court
In this article, senior associate Jenny Stevens reviews the Supreme Court's first decision over the lawfulness of the Commerce Commission's use of information-gathering section 98 notices – which held that the Commission overstepped its powers in a pharmaceutical industry investigation.

Court confirms New Zealand jurisdiction in overseas resident proceedings
In the first appellate consideration of extra-territorial jurisdiction under the Commerce Act 1986, the Court of Appeal has dismissed appeals from a High Court decision that the New Zealand courts have jurisdiction to hear proceedings against three overseas residents.

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.