New Zealand Acts

COMMERCE ACT 1986 - SECT 36

36 Misuse of market power

1 A person that has a substantial degree of power in a market must not engage in conduct that has the purpose, or has or is likely to have the effect, of substantially lessening competition in—

a) that market; or

b) any other market in which the person, or an interconnected person,—

i) supplies or acquires, or is likely to supply or acquire, goods or services; or

ii) supplies or acquires, or is likely to supply or acquire, goods or services indirectly through 1 or more other persons.

2 In this section, a person has a
"substantial degree of power in a market" if—

a) the person has a substantial degree of power in the market; or

b) the person, together with 1 or more interconnected persons, has a substantial degree of power in the market; or

c) 1 or more interconnected persons of the person have a substantial degree of power in the market; or

d) 2 or more interconnected persons together have a substantial degree of power in the market.

Note: Competition and Consumer Act 2010 s 46 (Aust)

History: Section 36: replaced, on 5 April 2023, by section 17 of the Commerce Amendment Act 2022 (2022 No 11).