Criminalising cartel conduct: Bell Gully’s submission

Bell Gully has made a submission on proposals to criminalise cartel conduct in New Zealand.

The Ministry of Economic Development has released a discussion document on whether New Zealand should criminalise cartel conduct, and if so, how it should be done. It is now considering submissions. Currently there are civil penalties for cartel conduct but there is an international trend toward imposing criminal fines and jail sentences.

In its submission, Bell Gully says the Ministry's discussion paper falls short of demonstrating a need for cartel criminalisation. There is no empirical evidence of the incidence of cartels in New Zealand and no assessment of the costs or benefits of criminalisation. Further analysis is required, say the firm's competition law experts.

Bell Gully's submission also covers a range of associated issues raised in the discussion document.

To read the firm's submission click here.