Authorising anti-competitive agreements, conduct or mergers that will likely benefit New Zealand

What is an anti-competitive agreement, conduct or merger?

• mergers or acquisitions that would be likely to have the effect of substantially lessening competition in a market
• agreements that have the effect of fixing, controlling or maintaining prices of goods or services
• a supplier enforcing a minimum sale price for retailers
• agreements between competitors that have the purpose of restricting or limiting the supply of goods or services to competitors
• unilateral conduct (misuse of market power): conduct of a person that has a substantial degree of market power that has the purpose, effect or likely effect of substantially lessening competition in a market.

Do I need to apply for an authorisation?

We encourage parties that are contemplating entering into a potentially anti-competitive agreement, conduct or merger to seek legal advice, and to discuss their plans with us. While we cannot give ‘informal’ authorisation, we can provide guidance on potential areas of concern. If you would like to discuss a potential application, please contact our Head of Competition Investigations or Mergers Manager (as applicable) at registrar@comcom.govt.nz.

Application process

Parties who wish to apply for authorisation for an anti-competitive agreement, conduct or merger must complete the relevant application form (available below) and send this to registrar@comcom.govt.nz, as well as paying the fee of $36,800 (GST incl).

The Commission can also grant authorisation on an interim basis for certain conduct, with the power to grant provisional authorisation.

Assessment process

We publish the applications on our case register, as well as issuing a media release to alert interested parties. In each case, our investigation involves requesting information and documents from relevant parties, conducting research, and interviewing interested parties. Under the law, we can only authorise the agreement or merger if we are satisfied that the benefits to the public outweigh the competitive harm of the agreement or merger.

Guidance

• Our Authorisation Guidelines provide more information on the laws that govern our authorisation assessments, the economic and legal analysis we conduct, and the process we follow in reaching our decisions.

• Our Business collaboration in response to an emergency guidelines explain to businesses and the public how the Commission approaches business collaborations reached in the immediate response to an emergency.

• Our Advisory Note provides guidance to businesses and advisors on the use of quantitative analysis to assess mergers.