The Commerce Act, Cartels and Recent Developments

Author(s): compilation of papers


Materials comprised of a paper and a PowerPoint handout


Katie Rusbatch, Head of Competition, Commerce Commission
John Land, Barrister, Bankside Chambers


The recent Court of Appeal decision in Commerce Commission v Lodge Real Estate Ltd [2018] NZCA 523 brings into focus what constitutes an agreement or arrangement in respect of the Commerce Act.

Considering the judgment and its wider implications, these materials will also look at some of the extended definitions in the Act and also the proposed inclusion of criminal sanctions.

These materials will help you

  • Understand better the approach taken by the Court of Appeal in Lodge, particularly in respect of agreements and arrangements and what constitutes price fixing.
  • Learn more about the exceptions introduced in the 2017 amendments to the Act including collaborative activity, vertical supply contracts and joint buying.
  • Gain insights into the proposed amendments to the Act which will introduce criminal sanctions. 

Intended audience

Commercial lawyers, litigators and those lawyers in general practice whose clients may require advice on the Commerce Act from time to time. 

Publication dateMarch 2019
FormatPDF and/or hard copy
CPD Seminar Papers ISBN: W0221/P
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