Commerce Act 1986

Restrictive trade practices - Cartel provisions

30B: Additional interpretation relating to cartel provisions

You could also call this:

"What 'cartel' means in the Commerce Act: rules about working with others and competing with others"

Illustration for Commerce Act 1986

When you look at the rules about cartels in the Commerce Act 1986, you need to understand some special meanings. If you are part of a contract or arrangement with someone, the law considers all the companies connected to you as also being part of that contract or arrangement. You are seen as working with those connected companies.

If you or one of your connected companies is competing with another person or their connected companies to supply or buy goods or services, the law says you are competing with that other person. The law also says that when it talks about people competing with each other, it includes people who are likely to compete in the future, or who would compete if they weren't part of a cartel. This means that even if you're not competing now, you might still be considered as competing under the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7416024.


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30A: Meaning of cartel provision and related terms, or

"What is a cartel provision and how it affects businesses in New Zealand"


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30C: Cartel provisions generally unenforceable, or

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Part 2Restrictive trade practices
Cartel provisions

30BAdditional interpretation relating to cartel provisions

  1. In this Act, in relation to a cartel provision,—

  2. if a person is a party to a contract, arrangement, understanding, or covenant, each of the person's interconnected bodies corporate is taken to be a party to the contract, arrangement, understanding, or covenant; and
    1. if a person (person A) or any of person A's interconnected bodies corporate supplies or acquires goods or services in competition with another person (person B) or any of person B's interconnected bodies corporate, person A is taken to supply or acquire those goods or services in competition with person B; and
      1. a reference to persons in competition with each other for the supply or acquisition of goods or services includes a reference to—
        1. persons who are, or are likely to be, in competition with each other in relation to the supply or acquisition of those goods or services; and
          1. persons who, but for a cartel provision relating to those goods or services, would, or would be likely to, be in competition with each other in relation to the supply or acquisition of those goods or services.
          Notes
          • Section 30B: inserted, on , by section 8 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
          • Section 30B(a): amended, on , by section 14 of the Commerce Amendment Act 2022 (2022 No 11).