Commerce (Cartels and Other Matters) Amendment Bill

  • enacted

Hon Jacqui Dean

Commerce (Cartels and Other Matters) Amendment Bill

Government Bill

341—3

Contents

Key
1Title
2Commencement
3Principal Act amended
4Interpretation
5Application of Act to conduct outside New Zealand
5ANew section 6C inserted
6CTransitional, savings, and related provisions
6Section 29 repealed
7New heading and sections 30 to 33 substituted
30Prohibition on entering into or giving effect to cartel provision
30AMeaning of cartel provision and related terms
30BAdditional interpretation relating to cartel provisions
30CTemporal application of cartel prohibition
30DCartel provisions generally unenforceable
31ExemptionException for collaborative activity
32Exemption Exception for vertical supply contracts
33Exemption Exception for joint buying and promotion agreements
7ANew heading inserted
7BNew sections 44A and 44B inserted
44AExceptions in relation to international liner shipping services
44BFurther exception in relation to international liner shipping services (price fixing in relation to space on ship)
8New sections 47A to 47D inserted
47ADeclaration relating to acquisition by overseas person
47BOrders against New Zealand bodies corporate following declaration under section 47A
47CApplication by Commission for declaration or order
47DRevocation and variation of declarations and orders
9Effect of authorisation
10When Commission may grant authorisation
10AProcedure for applications for authorisation of restrictive trade practices
10BDetermination of applications for authorisation of restrictive trade practices
11Commission to prepare draft determination in relation to restrictive trade practices
12New sections 65A to 65D inserted
65ACommission may give clearances relating to cartel provisions
65BEffect of clearance under section 65A
65CProcedures relating to clearances
65DRevocation of clearances
13Commission may give clearances for business acquisitions
13AAEffect of clearance or authorisation
13ALay members of High Court in certain cases
13BRelationship between pecuniary penalties and criminal liability
14Pecuniary penalties
15New section 80A substituted
80ARestriction on indemnities relating to contraventions of section 30
16Court may order certain persons to be excluded from management of body corporate
17Exemplary damages for contravention of Part 2
18New section 82B inserted
82BOffence relating to cartel prohibition
19Pecuniary penalties
19AActions for damages for contravention of Part 3
20New section 90 substituted
90Conduct by employees, agents, and others
21Persons entitled to appeal
21ACommission may require person to supply information or documents or give evidence
22Offences
22ARegulations
23Consequential and minor amendments to principal Act
23AAmendments to Shipping Act 1987
23BConsequential amendment to principal Act as result of amendments to Shipping Act 1987
23CTransitional provision relating to amendments to Shipping Act 1987
24Consequential amendment to District Courts Act 1947
25Consequential amendment to Civil Aviation Act 1990
26New Schedule 1AA inserted
Legislative history

The Parliament of New Zealand enacts as follows: