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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

58: Commission may grant authorisation for restrictive trade practices

You could also call this:

"The Commission can let you do something that's normally against the law if you ask for permission."

Illustration for Commerce Act 1986

You can ask the Commission for permission to do something that might be against the law. If you want to make a contract or arrangement that section 27 applies to, you can ask the Commission for permission. The Commission might give you permission to make the contract or arrangement.

You can also ask the Commission for permission to give effect to a contract or arrangement that section 27 applies to. The Commission might give you permission to do this. You can ask for permission to require or give a covenant that section 28 applies to.

If you want to do something that section 36 or 36A applies to, you can ask the Commission for permission. You can also ask for permission to enter into a contract or arrangement that might be a cartel provision. The Commission might give you permission to do these things.

You can ask the Commission for permission to give effect to a provision that is, or might be, a cartel provision. You can also ask for permission to engage in the practice of resale price maintenance that section 37 applies to. The Commission might give you permission to do this.

You can ask the Commission for permission to do an act that section 38 applies to. The Commission might give you permission to do the act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89031.

Topics:
Business > Fair tradingBusiness > Industry rulesMoney and consumer rights > Consumer protection
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Part 5Authorisations and clearances
Restrictive trade practices

58Commission may grant authorisation for restrictive trade practices

  1. A person who wishes to enter into a contract or arrangement, or arrive at an understanding, to which that person considers section 27 would apply, or might apply, may apply to the Commission for an authorisation to do so and the Commission may grant an authorisation for that person to enter into the contract or arrangement, or arrive at the understanding.

  2. A person who wishes to give effect to a provision of a contract or arrangement or understanding to which that person considers section 27 would apply, or might apply, may apply to the Commission for an authorisation to do so, and the Commission may grant an authorisation for that person to give effect to the provision of the contract or arrangement or understanding.

  3. A person who wishes to require the giving of, or to give, a covenant to which that person considers section 28 would apply, or might apply, may apply to the Commission for an authorisation to do so, and the Commission may grant an authorisation for that person to require the giving of, or to give, the covenant.

  4. A person who wishes to carry out or enforce a covenant to which that person considers section 28 would apply, or might apply, may apply to the Commission for an authorisation to do so, and the Commission may grant an authorisation for that person to carry out or enforce the covenant.

  5. Repealed

  6. Repealed

  7. A person who wishes to engage in conduct to which that person considers section 36 or 36A would apply, or might apply, may apply to the Commission for an authorisation to do so, and the Commission may grant an authorisation for that person to engage in that conduct.

  8. A person who wishes to enter into a contract or an arrangement, or arrive at an understanding, that contains a provision that is, or might be, a cartel provision may apply to the Commission for an authorisation to do so, and the Commission may grant an authorisation for that person to enter into the contract or arrangement, or arrive at the understanding.

  9. A person who wishes to give, or require the giving of, a covenant that contains a provision that is, or might be, a cartel provision may apply to the Commission for an authorisation to do so, and the Commission may grant an authorisation for that person to give, or require the giving of, the covenant.

  10. A person who wishes to give effect to a provision of a contract, arrangement, understanding, or covenant that is, or might be, a cartel provision may apply to the Commission for an authorisation to do so, and the Commission may grant an authorisation for that person to give effect to that provision.

  11. A person who wishes to engage in the practice of resale price maintenance to which that person considers section 37 would apply, or might apply, may apply to the Commission for an authorisation to do so, and the Commission may grant an authorisation for that person to engage in the practice.

  12. A person who wishes to do an act to which that person considers section 38 would apply, or might apply, may apply to the Commission for an authorisation to do so, and the Commission may grant an authorisation for that person to do that act.

Notes
  • Section 58: substituted, on , by section 19 of the Commerce Amendment Act 1990 (1990 No 41).
  • Section 58(6A): inserted, on , by section 24 of the Commerce Amendment Act 2022 (2022 No 11).
  • Section 58(6B): inserted, on , by section 24 of the Commerce Amendment Act 2022 (2022 No 11).
  • Section 58(6C): inserted, on , by section 24 of the Commerce Amendment Act 2022 (2022 No 11).
  • Section 58(6D): inserted, on , by section 24 of the Commerce Amendment Act 2022 (2022 No 11).
  • Section 58(5): repealed, on , by section 32(2)(a) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
  • Section 58(6): repealed, on , by section 32(2)(a) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).