PUBLICATIONS

Publications

Our lawyers keep up with the latest trends and issues in New Zealand law and business, and regularly publish articles and reports on current topics.

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Cartel Criminalisation

Written by David Alizade PARTNER; Darryl King PARTNER; Isabel Jenner ASSOCIATE; Tabitha Lau ASSOCIATE; Katie Wright ASSOCIATE; 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.
 

Cartels Laws – Do they apply to your business?

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.
 

Cartels Basics Breakfast Seminar - 9 May 2018

Written by Darryl King PARTNER on April 26th, 2018.    

What all businesses need to know to comply.
 

Cartel Criminalisation is Back: Businesses of All Sizes are Potentially Affected

Written by Darryl King, PARTNER; Isabel Jenner, SENIOR LAWYER 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.
 

Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do – FANZ Workshop paper – 1 November 2017

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. 
 

Draft Commerce Commission Guidelines - Competitor Collaboration (including a draft chapter on the applications of the cartel laws to franchising)

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.
 

Cartel Amendments To Commerce Act: What Franchisors Need To Know - And Do

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.

 

Cartel Amendments to Commerce Act Now in Force

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.
 

Cartel Amendments to Commerce Act: Impact on Supply & Distribution Agreements

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. 
 

Cartel Amendments to Commerce Act: Overview for Franchisors

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.
 
 
Our offices are closed during Level 3 however Jackson Russell remains fully operational from home. Please contact your lawyer directly by mobile or email.
 

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