The Commerce Commission publishes guidelines to help businesses better understand how to avoid anti competitive behaviour.

Guidelines provide in-depth information about rules and practices for Mergers and Acquisitions and avoiding anti competitive behaviour.

Authorisation Guidelines

Our Authorisation guidelines explain when we will authorise mergers and agreements (transactions) under Part 5 of the Commerce Act 1986 and the processes we use in determining authorisation applications.

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Cease and Desist Guidelines

These guidelines set out the approach the Commerce Commission proposes to follow in relation to the application of the cease and desist order provisions contained in ss 74A to 74D of the Commerce Act.

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Competitor Collaboration Guidelines

After a consultation process, the Commission issued revised draft Competitor Collaboration Guidelines in 2014. This was in anticipation of amendments to the Commerce Act 1986 proposed in the Commerce (Cartels and Other Matters) Amendment Bill. That Bill has now been passed into law. The Commission is currently updating the guidelines to reflect changes made to the Bill and will publish the updated guidelines here in the near future. 

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How to recognise and deter bid rigging – guidelines for procurers

These guidelines are intended to be a practical tool to assist procurers (purchasers) to ensure open and effective competition and achieve best value for money.

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Mergers and Acquisitions Guidelines

The purpose of these guidelines is to explain how the Commerce Commission assesses whether or not an acquisition of a firm’s assets or shares would be likely to substantially lessen competition in a market, and the process we follow when considering clearance applications.

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School uniforms and supplies – procurement guidelines for schools

These guidelines provide guidance to schools on how the Commerce Act applies to exclusive arrangements for school uniforms, stationery or other school supplies. They are intended to help schools maximise the benefits of competition when entering such arrangements.

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Trade Associations

Members of trade or industry associations are usually competitors. This means that  care must be taken to ensure that associations and individual members do not engage in anti-competitive behaviour that may breach the Commerce Act.

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