Taking advantage of market power

Heading: substituted, on 26 May 2001, by section 9(1) of the Commerce Amendment Act 2001 (2001 No 32).

36 Taking advantage of market power

(1)

Nothing in this section applies to any practice or conduct to which this Part applies that has been authorised under Part 5.

(2)

A person that has a substantial degree of power in a market must not take advantage of that power for the purpose of—

(a)

restricting the entry of a person into that or any other market; or

(b)

preventing or deterring a person from engaging in competitive conduct in that or any other market; or

(c)

eliminating a person from that or any other market.

(3)

For the purposes of this section, a person does not take advantage of a substantial degree of power in a market by reason only that the person seeks to enforce a statutory intellectual property right, within the meaning of section 45(2), in New Zealand.

(4)

For the purposes of this section, a reference to a person includes 2 or more persons that are interconnected.

Section 36: substituted, on 26 May 2001, by section 9(1) of the Commerce Amendment Act 2001 (2001 No 32).