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Commerce Act 1986

Enforcement, remedies, and appeals - Business acquisitions

85C: Matters court must not take into account under sections 85A and 85B

You could also call this:

"Things the court must ignore when making some decisions"

Illustration for Commerce Act 1986

When a court is making a decision under sections 85A and 85B, you need to know what they cannot consider. The court must not think about whether it was right for the Commission to accept an undertaking under section 69A. They also cannot consider whether the undertaking is still necessary or desirable, or if any of its terms are still necessary or desirable. The court must not look at how much the undertaking being broken may have reduced competition in a market.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1688005.

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Part 6Enforcement, remedies, and appeals
Business acquisitions

85CMatters court must not take into account under sections 85A and 85B

  1. For the purposes of sections 85A and 85B, the court must not take into account any of the following:

  2. whether it was appropriate for the Commission to accept the undertaking under section 69A:
    1. whether the undertaking under section 69A is still necessary or desirable:
      1. whether any of the terms of the undertaking under section 69A are still necessary or desirable:
        1. the extent to which the contravention of the undertaking under section 69A may have lessened competition in a market.

          Notes
          • Section 85C: inserted, on (applying only to undertakings under section 69A that are accepted in relation to clearances given or authorisations granted on notices under section 66 or 67 that are registered after that date), by section 14(1) of the Commerce Amendment Act 2008 (2008 No 70).