DECISION GUIDELINES

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The Commerce Commission identifies a large number of issues from its routine information gathering and monitoring processes and from numerous issues that are brought to its attention each year by members of the public. Cases for investigation are selected from this information base, when the information is assessed against a set of enforcement criteria. The purpose of these criteria is to enable the Commission to focus its investigation resources on the cases that will have the maximum impact on fulfilling the purpose of the Commerce Act, determining behaviour that is in breach of the Act and that promotes awareness and understanding of the legislation.

In general terms cases are investigated under the Commerce Act where:

• there is a significant detriment to consumers, other businesses, or competition in the specific market or associated markets;
• the nature of the behaviour is in itself serious or raises serious issues in law;
• the behaviour of the sector in which it occurs is an area of strategic priority for the Commission.
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The Commerce Commission issues a number of publications to assist relevant parties affected by competition legislation, many of which are available on its website. Links to these are provided below:

•   The Commerce Act - Practice Note 4: The Commission's Approach to Adjudicating on Business Acquisitions Under the Changed Threshold in Section 47 - A Test of Substantially Lessening Competition; released 28 May 2001 (168k)
  http://www.comcom.govt.nz/publications/GetFile.CFM?Doc_ID=303&Filename=pnote428may01.pdf
• Electricity Industry Reform Act 1998 - Practice Note 3: The Commission's Role and Processes
  http://www.comcom.govt.nz/publications/GetFile.CFM?Doc_ID=205&Filename=pn3rev.pdf
• The Commerce Act - Practice Note 2: Informal Approaches and Supply of Information to the Commission: Practice and Procedures (12k)
  http://www.comcom.govt.nz/publications/GetFile.CFM?Doc_ID=50&Filename=PNOTE2.PDF
• The Commerce Act - Practice Note 1: Divestment Undertakings and Business Acquisitions: Practice and Procedures (11k)
  http://www.comcom.govt.nz/publications/GetFile.CFM?Doc_ID=49&Filename=PNOTE1.PDF
• The Dairy Industry Restructuring Act 2001
  http://www.comcom.govt.nz/dairy/index.cfm
• Telecommunications Regulation
  http://www.comcom.govt.nz/telecommunications/index.cfm
• The Fair Trading Act - A Guide for Advertisers and Traders (Commerce Commission, 1997)
  http://www.comcom.govt.nz/acts/fairact/

The Commerce Commission also has a wide range of printed publications about the Commerce, Fair Trading, Electricity Industry Reform, Dairy and Telecommunication Acts. The Commission is currently reviewing its existing publications.