New Zealand Acts

COMMERCE ACT 1986 - SECT 42

42 Special evidentiary provisions in respect of certain resale price maintenance practices

1 Where, in proceedings under this Act against a supplier for a contravention of section 37(3)(d) or section 37(3)(e) it is proved that—

a) the supplier has acted in a manner referred to in section 40 ; and

b) during a period ending immediately before the supplier so acted, the supplier had been supplying goods of the kind withheld either to—

i) the person in respect of whom the contravention is alleged; or

ii) a person carrying on a similar business to that person; and

c) during a period of 6 months immediately before the supplier so acted, the supplier became aware of a matter or circumstance capable of constituting a reason referred to in section 37(3)(d) or (e) ,—

it shall be presumed, in the absence of evidence to the contrary, that the supplier so acted on account of that matter.

2 Nothing in subsection (1) applies in respect of terms imposed by a supplier that are disadvantageous or treatment that is less favourable than the supplier accords other persons if the terms or treatment consists only of a requirement by the supplier as to the time at which, or the form in which, payment was to be made or as to the giving of security to secure payment.

Note: Trade Practices Act 1974 s 100(1), (2) (Aust)

History: Section 42(1)(c): amended, on 15 August 2017, by section 32(2)(d) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).