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Commerce Act 1986

Authorisations and clearances - Restrictive trade practices

62: Commission to prepare draft determination in relation to restrictive trade practices

You could also call this:

"The Commission makes a draft decision on your application to do something that might not be fair to others."

Illustration for Commerce Act 1986

When you apply for something called an authorisation under section 58, the Commission prepares a draft decision about your application. The Commission sends a copy of this draft decision and the reasons for it to you and other people who need to know. These people include those who were told about your application under section 60(2)(c) and those who asked to be told about it under section 60(3). The Commission might decide to hold a meeting to discuss your application, and if so, they will tell you and the other people who got the draft decision when and where the meeting will be. If you or your company makes more than one application that are similar, the Commission might treat them as one application and make one draft decision for all of them, and might even hold just one meeting to discuss it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89050.

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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"

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63: Commission may grant provisional authorisation, or

"The Commission can temporarily allow something that might normally be against the rules."

Part 5Authorisations and clearances
Restrictive trade practices

62Commission to prepare draft determination in relation to restrictive trade practices

  1. Before determining an application for an authorisation under section 58, the Commission shall prepare a draft determination in relation to the application.

  2. The Commission shall send a copy of the draft determination and a summary of the reasons therefor to—

  3. the applicant:
    1. any person to whom a notice has been given pursuant to section 60(2)(c):
      1. any person who has given a notice pursuant to section 60(3) and who in the opinion of the Commission has such an interest in the application as to justify the Commission sending a copy of the draft determination to that person:
        1. any other person who in the opinion of the Commission may assist the Commission in its determination of the application.

          1. Repealed

          2. Repealed

          3. Repealed

          4. Before determining the application, the Commission may determine to hold a conference and, if so, must appoint a date, time, and place for the holding of the conference and give notice of the date, time, and place so appointed to each of the persons to whom the draft determination was sent under subsection (2).

          5. Where the Commission is of the opinion that 2 or more applications for authorisations that are made by the same person, or by bodies corporate that are interconnected with each other, involve the same or substantially similar issues, the Commission may treat the applications as if they constitute a single application, and may prepare a single draft determination in relation to the applications and, if appropriate, hold a single conference in relation to that draft determination.

          Notes
          • Section 62(3): repealed, on , by section 16(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
          • Section 62(4): repealed, on , by section 16(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
          • Section 62(5): repealed, on , by section 16(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
          • Section 62(6): substituted, on (applying in respect of every application for an authorisation under section 58 that is made after that date), by section 6(1) of the Commerce Amendment Act 2008 (2008 No 70).
          • Section 62(6): amended, on , by section 16(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
          • Section 62(7): amended, on , by section 16(3) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).