The New Zealand Government proposes new anti-cartel law with collaborative activity exemption that highlights flaws in Australian joint venture exceptions

1. The collaborative activity exemption under the proposed anti-cartel amendments to the Commerce Act 1986 (NZ) [1] In May 2013 the NZ Commerce Committee recommended that the Commerce (Cartels and Other Matters) Amendment Bill 2011 (NZ Anti-Cartel Bill) be passed with various amendments. [2] The Bill provides for new cartel offences and civil prohibitions, defines the concept of a “cartel provision” and sets out exemptions for collaborative activity, vertical supply contracts between competitors and joint buying and promotional agreements. Other features of the Bill include a clearance regime to allow corporations to apply to the Commerce Commission to test whether a proposed collaboration with a competitor would breach the Commerce Act. The Bill follows a gestation period of over

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  • Brent Fisse Lawyers (Paddington)

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Brent Fisse, The New Zealand Government proposes new anti-cartel law with collaborative activity exemption that highlights flaws in Australian joint venture exceptions, June 2013, e-Competitions Bulletin June 2013, Art. N° 53126

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