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Written by Darryl King, PARTNER; David Alizade, PARTNER on July 28th, 2022.
Last month courts in both New Zealand and Australia imposed significant penalties on companies and individuals for breaching cartel laws. In imposing the sentences both courts referred to the need to deter possible offenders from engaging in cartel conduct. The large penalties – including jail in the Australia case - are a timely reminder for NZ businesses. This update discusses the cases and a brief recap on New Zealand cartel laws and their penalties.
Written by David Alizade PARTNER; Darryl King PARTNER on April 7th, 2021.
Following the end of the two-year transition period on 8 April 2021, it is now a criminal offence to intentionally engage in conduct in breach of the cartel laws in the Commerce Act 1986. The consequences for breach are severe - jail time and/or large fines.
Written by Darryl King PARTNER; David Alizade PARTNER on May 10th, 2018.
This article gives an overview of how cartel laws may apply to your business.
Written by Darryl King PARTNER on April 26th, 2018.
What all businesses need to know to comply.
Written by Darryl King, PARTNER on March 22nd, 2018.
Criminalisation of cartels is back on Parliament’s agenda. This will affect your business and your board. The consultation process for criminalising cartels is very short – but it is not too late to have your say.
Written by Darryl King, PARTNER on November 23rd, 2017.
Darryl King of Jackson Russell and Michael Bright of Gaze Burt presented a workshop to franchisor members of the Franchise Association of New Zealand on 1 November 2017. The workshop summarised the “cartel” changes to the Commerce Act and worked through whether a franchise system and typical franchise agreement clauses were affected by the cartel changes. Darryl King wrote a paper to accompany the workshop. Franchisors are welcome to download a copy of the paper by clicking the download button above.
Written by Darryl King, PARTNER on November 23rd, 2017.
The Commerce Commission issued revised draft Competitor Collaboration Guidelines in 2014 in anticipation of the "cartel" changes to the Commerce Act 1986. The Commission is currently updating the guidelines to reflect changes made to the legislation after the draft Guidelines were published. The Commission will publish the updated guidelines on the
Commission's website in the future.
Written by Darryl King, PARTNER; David Alizade, PARTNER on September 4th, 2017.
In a rush before the last sitting day before the 2017 election, Parliament passed the “cartel” changes to the Commerce Act. If your franchise system is not already prepared then you need to act now.
This article discusses whether your franchise system is affected, summarises the “cartel” changes and discusses what franchisors need to do.
Written by Darryl King, PARTNER; David Alizade, PARTNER on August 16th, 2017.
The Commerce (Cartels and Other Matters) Amendment Bill (Bill) received royal assent on 14 August 2017 and has now become law. The Bill brings changes to the “cartel provisions” of the Commerce Act 1986 (Commerce Act) that will affect many businesses.
Written by Darryl King, PARTNER on March 21st, 2016.
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements where there is a competitive relationship between the parties – or would be but for the arrangement.
Written by Darryl King, PARTNER; on January 25th, 2016.
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will impact most franchise businesses – including franchisees - as most franchise agreements will contain clauses that are considered to be ‘cartel’ provisions under the Bill. This article provides a brief overview for franchisors on the Bill, its potential impact on their franchise businesses and what franchisors need to do to prepare for the passing of the Bill.
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