New Zealand Acts

COMMERCE ACT 1986 - SECT 36A

36A Misuse of market power in trans-Tasman markets

1 Subsection (2) applies if 1 or more of the following applies to a person:

a) the person has a substantial degree of power in a market in New Zealand:

b) the person has a substantial degree of power in a market in Australia:

c) the person has a substantial degree of power in a market in New Zealand and Australia.

2 The person must not engage in conduct that has the purpose, or has or is likely to have the effect, of substantially lessening competition in—

a) a market in New Zealand in which the person has a substantial degree of power (if any) and that is not a market exclusively for services; or

b) any other market in New Zealand, not being a market exclusively for services, 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.

3 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.

4 In this section,
"market" means a market for goods or services as well as other goods or services that, as a matter of fact and commercial common sense, are substitutable for them.

5 Section 36A does not limit section 36 .

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

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