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Commerce Act 1986

Restrictive trade practices - Misuse of market power

36B: Purposes may be inferred

You could also call this:

"Figuring out what someone wants to achieve from their actions"

Illustration for Commerce Act 1986

When you look at someone's actions or the situation, you can figure out what they are trying to achieve. You can infer their purposes from what they do or from other relevant circumstances. This is related to the purposes mentioned in section 36 or section 36A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM88287.

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36A: Misuse of market power in trans-Tasman markets, or

"Don't use your market power to stop others competing with you in New Zealand or Australia."

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37: Resale price maintenance by suppliers prohibited, or

"You can't force someone to sell things at a certain price."

Part 2Restrictive trade practices
Misuse of market power

36BPurposes may be inferred

  1. The existence of any of the purposes specified in section 36 or section 36A, as the case may be, may be inferred from the conduct of any relevant person or from any other relevant circumstances.

Notes
  • Section 36B: inserted, on , by section 9(1) of the Commerce Amendment Act 2001 (2001 No 32).