Market rules

New Zealand has had competition laws since the early 20th century.  During this time, Buddle Findlay has been unique among New Zealand’s law firms in terms of the influence its partners have had in the development and application of the law.  Our lawyers have been involved in the design of New Zealand’s competition/antitrust laws, worked for the competition regulator and advised clients on the application of the law to them.

Clients and services

Buddle Findlay’s competition/antitrust law team provides strategic advice on competition aspects of local and international clients’ business operations.  We advise on clearance or authorisation applications for business acquisitions, Commerce Commission investigations, and industry sector issues under the Commerce Act.

We specialise in:

  • Competition aspects of local and international clients’ business operations
  • Market operation assistance in industry and service sectors such as communications, energy and transport
  • Assistance in dealing with government departments and the Commerce Commission
  • Advice to industry and marketing associations on industry regulation issues
  • Clearance and authorisation applications for business acquisitions, and authorisation of restrictive trade practices
  • Appearing for clients at Commerce Commission conferences
  • Reviewing pricing, marketing and other business practices in terms of the Commerce Act and Fair Trading Act

  • Providing competition law compliance training seminars to clients.

Recent work

  • Acting for ZESPRI, a statutory monopoly kiwifruit exporter, in litigation brought by Turners and Growers challenging the statutory regime and alleging competition law breaches
  • Advising Rugby New Zealand 2011 on the application of the Commerce Act to various arrangements for New Zealand's hosting of the Rugby World Cup 2011
  • Acting for Kiwibank and New Zealand Post in proceedings brought by the Commerce Commission concerning credit card interchange fees, which alleged breaches of the Commerce Act
  • Acting for Emirates international airline in Commerce Commission proceedings alleging an air cargo cartel
  • Acting for Wellington International Airport in a judicial review challenging landing charges as including monopoly profits
  • Acting for Contact Energy in the Commerce Commission’s electricity industry inquiry
  • Acting for Wellington International Airport in the Commerce Commission’s duty free investigation
  • Advising Suntory on the Commerce Act implications of its acquisition of Frucor Beverages
  • Advising ITOCHU on the Commerce Act implications of Daiken New Zealand’s acquisition of Carter Holt Harvey’s Rangiora MDF Plant
  • Acting for Sky Television on its successful clearance application to the Commerce Commission to acquire Prime
  • Acting for Manawatu Waste in opposing TPI’s application for a clearance from the Commerce Commission to acquire the South Island assets and businesses of Enviro Waste Services
  • Advising Abano Healthcare on the merger of its pathology business in the Wellington region with a competitor
  • Acting for Stagecoach on the Commerce Commission prosecution for its proposed acquisition of Mana Coach Services
  • Conducting a review of Colgate-Palmolive’s New Zealand operations for compliance with the Commerce Act
  • Playing a key role in the preparation and passing of the Dairy Industry Restructuring Act which modified the operation of the Commerce Act to allow Fonterra to be formed, and providing ongoing advice regarding the application of the Commerce Act to the dairy industry and proposed changes to the current regime  
  • Advising Treasury on aspects of the public benefit analysis required under the Commerce Act
  • Acting for Wellington International Airport in the price control inquiry conducted by the Commerce Commission
  • Acting for Contact Energy on an application to the Commerce Commission to authorise the electricity industry governance arrangements
  • Acting for UnitedNetworks on the regulation of electricity lines and gas businesses under the Commerce Act
  • Appearing before the Commerce Commission for Contact Energy to oppose the application by the Pohokura Joint Venture Parties for authorisation to market gas from the Pohokura field
  • Preparing clearance applications and obtaining clearance for Vector to acquire UnitedNetworks, Contact Energy to acquire the Stratford Power Station from Natural Gas Corporation, Colgate-Palmolive to acquire various brands from Campbell Brothers and Wakefield Hospital to acquire Bowen Hospital
  • Advising the Ministry of Health on various Commerce Act issues in the health sector, including advising on the Commerce Act implications of the government’s funding of primary health organisations
  • Advising the Ministry of Education and the Education and Science Select Committee on the Commerce Act implications of the establishment of the Tertiary Education Commission.

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