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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

65B: Effect of clearance under section 65A

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"Getting a clearance under section 65A means you won't break the law with certain contracts or agreements."

Illustration for Commerce Act 1986

If you get a clearance under section 65A, it means you do not break the law by entering into a contract or arrangement. You also do not break the law by giving effect to any cartel provision in the contract or arrangement, as long as it relates to the clearance. When you have a clearance, section 30C(1) does not apply to any cartel provision in the contract or arrangement. This applies to sections 27, 28, 30, 36, and 36A if you are a party to the contract or arrangement, or if you give effect to any cartel provision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7415573.

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65A: Commission may give clearances relating to cartel provisions, or

"The Commission can say yes to plans that might break cartel rules if they're fair and won't hurt others."

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65C: Procedures relating to clearances, or

"Rules for getting permission to do something under the Commerce Act"

Part 5Authorisations and clearances
Restrictive trade practices

65BEffect of clearance under section 65A

  1. The effect of a clearance given under section 65A is that—

  2. a party to the contract, arrangement, understanding, or covenant to which the clearance relates does not contravene section 27, 28, 30, 36, or 36A by entering into the contract or arrangement, or arriving at the understanding , or giving, or requiring the giving of, the covenant; and
    1. a person does not contravene section 27, 28, 30, 36, or 36A by giving effect to any cartel provision in the contract, arrangement, understanding, or covenant to which the clearance relates; and
      1. section 30C(1) does not apply to any cartel provision in the contract, arrangement, understanding, or covenant.

        Notes
        • Section 65B: inserted, on , by section 17 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
        • Section 65B(a): amended, on , by section 34(1) of the Commerce Amendment Act 2022 (2022 No 11).
        • Section 65B(a): amended, on , by section 34(2) of the Commerce Amendment Act 2022 (2022 No 11).
        • Section 65B(a): amended, on , by section 34(3) of the Commerce Amendment Act 2022 (2022 No 11).
        • Section 65B(b): amended, on , by section 34(1) of the Commerce Amendment Act 2022 (2022 No 11).
        • Section 65B(b): amended, on , by section 34(2) of the Commerce Amendment Act 2022 (2022 No 11).
        • Section 65B(c): amended, on , by section 34(1) of the Commerce Amendment Act 2022 (2022 No 11).