New Zealand Acts

COMMERCE ACT 1986 - SECT 74C

74C Enforcement of undertakings

1 If the Commission considers that a person has breached an undertaking given under section 74A , the Commission may apply to the High Court for an order under subsection (2).

2 The court may make any 1 or more of the following orders if it is satisfied that the person has breached a term of the undertaking:

a) an order directing the person to comply with the term:

b) an order directing the person to pay to the Crown an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach:

c) any order that the court thinks appropriate that directs the person to compensate any other person who has suffered loss or damage as a result of the breach:

d) an order for any consequential relief that the court thinks appropriate.

Note: 1986 No 121 s 46B

History: Section 74C: replaced, on 26 October 2018, by section 12 of the Commerce Amendment Act 2018 (2018 No 42).