New Zealand Acts

COMMERCE ACT 1986 - SECT 30B

30B Additional interpretation relating to cartel provisions

In this Act, in relation to a cartel provision,—

a) if a person is a party to a contract, arrangement, understanding, or covenant, each of the person's interconnected bodies corporate is taken to be a party to the contract, arrangement, understanding, or covenant; and

b) if a person (
"person A" ) or any of person A's interconnected bodies corporate supplies or acquires goods or services in competition with another person (
"person B" ) or any of person B's interconnected bodies corporate, person A is taken to supply or acquire those goods or services in competition with person B; and

c) a reference to persons in competition with each other for the supply or acquisition of goods or services includes a reference to—

i) persons who are, or are likely to be, in competition with each other in relation to the supply or acquisition of those goods or services; and

ii) persons who, but for a cartel provision relating to those goods or services, would, or would be likely to, be in competition with each other in relation to the supply or acquisition of those goods or services.

History: Section 30B: inserted, on 15 August 2017, by section 8 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).   Section 30B(a): amended, on 5 April 2023, by section 14 of the Commerce Amendment Act 2022 (2022 No 11).