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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

60: Procedure for applications for authorisation of restrictive trade practices

You could also call this:

"How to apply for permission to do something that might limit trade with others"

Illustration for Commerce Act 1986

If you want to apply for permission to do something that might stop others from trading freely, you need to fill out a special form. This form is mentioned in section 58 and you have to pay a fee with it. You have to give the form and fee to the Commerce Commission.

When the Commerce Commission gets your application, they will record it and tell you they have it. They will also tell others who might be interested in your application. The Commission will make your application public so everyone knows about it.

If someone is interested in your application, they can tell the Commission why they are interested. The Commission can also talk to people who can help them make a decision about your application. If your application is not filled out correctly, the Commission might send it back to you or ask you to fix it.

You and others involved in the application have to give the Commission any extra information they need to make a decision. If the Commission thinks the application is not going to happen, they might send it back to you. You can withdraw your application at any time by telling the Commission in writing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89044.

Topics:
Business > Fair tradingMoney and consumer rights > Consumer protection
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59B: Contraventions not prevented by granting of authorisation under section 59 or section 59A, or

"Getting permission later doesn't fix breaking the law earlier"

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61: Determination of applications for authorisation of restrictive trade practices, or

"How the Commission decides if a company can do something that might limit trade competition"

Part 5Authorisations and clearances
Restrictive trade practices

60Procedure for applications for authorisation of restrictive trade practices

  1. Every application for an authorisation under section 58 shall be made in the prescribed form, shall contain such particulars as may be specified in the form and shall be accompanied by payment of such fee as may be prescribed.

  2. On receipt of an application that complies with subsection (1), the Commission shall forthwith—

  3. record the application in the register to be kept by the Commission for the purpose:
    1. give written notice of the date of registration to the person by or on whose behalf the application was made:
      1. give notice of the application to any other person who, in the Commission's opinion, is likely to have an interest in the application:
        1. give public notice of the application in such manner as the Commission thinks fit.

          1. Any person who has an interest in any application in respect of which a notice is given under subsection (2)(d) may give written notice to the Commission of that person's interest and the reason therefor.

          2. In relation to any application, the Commission may consult with any person who, in the opinion of the Commission, is able to assist it to determine the application.

          3. On receipt of an application that does not comply with subsection (1), the Commission may, at its discretion, either—

          4. accept the application and take the steps referred to in subsection (2) in respect of that application; or
            1. return the application to the person by or on whose behalf it was made; or
              1. decline to register the application until it complies with subsection (1).

                1. Where the Commission declines to register an application under subsection (4)(c), it shall forthwith notify the person by or on whose behalf the application was made.

                2. The person making the application under subsection (1), and any person on whose behalf it was made, and any person to whom the application relates, shall from time to time produce, or, as the case may be, furnish to the Commission, within such time as it may specify, such further documents or information in relation to the application as may be required by the Commission for the purpose of enabling it to exercise its functions under this Part.

                3. Notwithstanding anything in subsection (2) or subsection (4), where the Commission is of the opinion that the matters to which an application relates are, for reasons other than arising from the application of any provision of this Act, unlikely to be proceeded with, the Commission may, in its discretion, return the application to the person by or on whose behalf the application was made.

                4. Any person who has made an application to the Commission for an authorisation may, at any time, by notice in writing to the Commission, withdraw the application.

                Notes
                • Section 60(3A): inserted, on , by section 14 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).