New Zealand Acts

COMMERCE ACT 1986 - SECT 32

32 Exception for vertical supply contracts

1 Nothing in section 30 applies to a person in relation to a cartel provision in a contract, if—

a) the contract is entered into between a supplier or likely supplier of goods or services and a customer or likely customer of that supplier; and

b) the cartel provision—

i) relates to the supply or likely supply of the goods or services to the customer or likely customer, including to the maximum price at which the customer or likely customer may resupply the goods or services; and

ii) does not have the dominant purpose of lessening competition between any 2 or more of the parties to the contract.

2 The purpose referred to in subsection (1)(b)(ii) may be inferred from the conduct of any relevant person or from any other relevant circumstance.

History: Section 32: replaced, on 15 August 2017, by section 8 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).