30A Meaning of cartel provision and related terms

(1)

A cartel provision is a provision, contained in a contract, arrangement, or understanding, that has the purpose, effect, or likely effect of 1 or more of the following in relation to the supply or acquisition of goods or services in New Zealand:

(a)

price fixing:

(b)

restricting output:

(c)

market allocating.

(2)

In this Act, price fixing means, as between the parties to a contract, arrangement, or understanding, fixing, controlling, or maintaining, or providing for the fixing, controlling, or maintaining of,—

(a)

the price for goods or services that any 2 or more parties to the contract, arrangement, or understanding supply or acquire in competition with each other; or

(b)

any discount, allowance, rebate, or credit in relation to goods or services that any 2 or more parties to the contract, arrangement, or understanding supply or acquire in competition with each other.

(3)

In this Act, restricting output means preventing, restricting, or limiting, or providing for the prevention, restriction, or limitation of,—

(a)

the production or likely production by any party to a contract, arrangement, or understanding of goods that any 2 or more of the parties to the contract, arrangement, or understanding supply or acquire in competition with each other; or

(b)

the capacity or likely capacity of any party to a contract, arrangement, or understanding to supply services that any 2 or more parties to the contract, arrangement, or understanding supply or acquire in competition with each other; or

(c)

the supply or likely supply of goods or services that any 2 or more parties to a contract, arrangement, or understanding supply in competition with each other; or

(d)

the acquisition or likely acquisition of goods or services that any 2 or more parties to a contract, arrangement, or understanding acquire in competition with each other.

(4)

In this Act, market allocating means allocating between any 2 or more parties to a contract, arrangement, or understanding, or providing for such an allocation of, either or both of the following:

(a)

the persons or classes of persons to or from whom the parties supply or acquire goods or services in competition with each other:

(b)

the geographic areas in which the parties supply or acquire goods or services in competition with each other.

Section 30A: inserted, on 15 August 2017, by section 8 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).