Commerce Act 1986
005
Commenced: 1 May 1986
ANALYSIS
Analysis
Title
1 Short Title and commencement
2 Interpretation
3 Certain terms defined in relation to competition
4 Application of Act to conduct outside New Zealand
5 Application of Act to the Crown
6 Application of Act to Crown corporations
7 Law relating to restraint of trade and breaches of confidence not affected
I: The Commerce Commission
8 Establishment of Commission
9 Membership of Commission
10 Terms and conditions of appointment
11 Associate members
12 Deputy Chairman and acting Deputy Chairman
13 Termination of appointment of members
14 Disclosure of financial interests
15 Meetings of Commission
16 Chairman may direct Commission to sit in Divisions
17 Assent to determination
18 Officers of Commission
19 Money to be appropriated by Parliament for purposes of this Act
20 Funds of Commission
21 Bank accounts
22 Accounts and audit
23 Investment of money
24 Exemption from income tax
25 Functions of Commission in relation to dissemination of information
26 Commission to have regard to economic policies of Government
II: Restrictive Trade Practices
Practices Substantially Lessening Competition
27 Contracts, arrangements, or understandings substantially lessening competition prohibited
28 Covenants substantially lessening competition prohibited
29 Contracts, arrangements, or understandings containing exclusionary provisions prohibited
Price Fixing
30 Certain provisions of contracts, etc., with respect to prices deemed to substantially lessen competition
31 Joint venture pricing exempt from application of section 30
32 Certain recommendations as to prices for goods and services exempt from application of section 30
33 Joint buying and promotion arrangements exempt from application of section 30
34 Certain provisions of covenants with respect to prices deemed to substantially lessen competition
Practices Substantially Lessening Competition Conditional Upon Authorisation
35 Contracts or covenants subject to authorisation not prohibited under certain conditions
Use of Dominant Position in a Market
36 Use of dominant position in a market
Resale Price Maintenance
37 Resale price maintenance by suppliers prohibited
38 Resale price maintenance by others prohibited
39 Recommended prices
40 Withholding the supply of goods
41 Preventing the supply of goods
42 Special evidentiary provisions in respect of certain resale price maintenance practices
43 Statutory exceptions
44 Other exceptions
45 Exceptions in relation to copyright, patents, plant varieties, registered designs, and trade marks
46 Saving in respect of mergers or takeovers
III: Mergers and Takeovers
47 ``Merger or takeover proposal'' defined
48 Certain other terms defined
49 Application to building societies
50 Certain merger or takeover proposals require clearance or authorisation
51 Contracts subject to condition of clearance or authorisation
IV: Control of Prices
Declaration of Price Control
52 ``Controlled goods or services'' defined
53 Governor-General may impose price control in circumstances of restricted competition
54 Commission may report to Minister as to price control
Authorised Prices for Controlled Goods or Services
55 Controlled goods or services not to be supplied except in accordance with authorised price
Miscellaneous Provisions
56 Records to be kept for pricing purposes
57 Other Acts relating to price control not affected
V: Authorisations and Clearances
Restrictive Trade Practices
58 Commission may grant authorisation for certain restrictive trade practices
59 Authorisation not to be granted in relation to contracts, etc., made before determination by Commission
60 Procedure for applications for authorisation of restrictive trade practices
61 Determination of applications for authorisation of restrictive trade practices
62 Commission to prepare draft determination in relation to restrictive trade practices
63 Commission may grant provisional authorisation
64 Procedure at conference
65 Commission may vary or revoke authorisations
Merger or Takeover Proposals
66 Commission may grant clearances or authorisations for merger or takeover proposals
67 Commission may grant clearance or authorisation of merger or takeover proposal which has been implemented
68 Conferences in relation to merger or takeover proposals
69 Clearances and authorisations of mergers and takeover proposals to be notified to New Zealand Stock Exchange
Authorisation of Prices for Controlled Goods or Services
70 Authorised prices for controlled goods or services to be determined by Commission
71 Commission may authorise provisional price
72 Alternative undertakings as to prices of controlled goods or services
73 Considerations to be observed by Commission
74 Conferences in relation to authorisation of price for controlled goods or services
VI: Enforcement, Remedies, and Appeals
Jurisdiction of Courts
75 Jurisdiction of High Court
76 Jurisdiction of District Courts
77 Additional lay members of High Court for purposes of appellate jurisdiction in respect of Commission determinations
78 Lay members of High Court in certain cases
79 Evidence not otherwise admissible
Restrictive Trade Practices
80 Pecuniary penalties
81 Injunctions may be granted by Court for contravention of Part II
82 Actions for damages for contravention or Part II
Mergers and Takeovers
83 Contravention of section 50 an offence
84 Injunctions may be granted by Court for contravention of Part III
85 Court may order divestiture of assets in respect of contravention of Part III
Control of Prices
86 Contravention of section 55 an offence
87 Injunctions may be granted by Court for contravention of Part IV
Injunctions Generally
88 General provisions relating to granting of injunctions
89 Other orders
90 Conduct by servants or agents
Appeals From Determinations of Commission
91 Appeals in relation to determinations by Commission
92 Persons entitled to appeal
93 Determination of appeals
94 Court may refer appeals back for reconsideration
95 Provisions pending determination of appeal
96 Court may order proceedings to be heard in private
97 Appeal to Court of Appeal in certain cases
VII: Miscellaneous Provisions
98 Powers to obtain information, documents, and evidence
99 Powers of Commission to take evidence
100 Powers of Commission to prohibit disclosure of information, documents, and evidence
101 Notices
102 Service of notices
103 Failure to comply with notices, etc.
104 Determinations of Commission
105 Delegation by Commission
106 Proceedings privileged
107 Annual report
108 Regulations
109 Commission may prescribe forms
110 Repeals, revocations, savings, and consequential amendments
111 Transitional provisions in respect of certain contracts, arrangements, or understandings
112 Transitional provisions in respect of goods and services subject to price control under Commerce Act 1975
113 Transitional provisions in respect of goods and services subject to price restraint under regulations made under Commerce Act 1975
114 Transitional provisions in respect of milk pricing
115 Savings in respect of certain provisions of Commerce Act 1975
116 Winding up of Commerce Commission established under Commerce Act 1975
117 Members of Commerce Commission established under Commerce Act 1975 deemed to be members of Commission
118 Lay members of Administrative Division of High Court appointed pursuant to Commerce Act 1975 deemed to be lay members of Administrative Division of High Court appointed under this Act
Schedule(s)
1 FIRST SCHEDULE: Classes of Merger or Takeover Proposals Requiring Prior Clearance or Authorisation by the Commission
2 SECOND SCHEDULE: Enactments Amended
3 THIRD SCHEDULE: Enactments Repealed
4 FOURTH SCHEDULE: Orders and Notices Revoked