New Zealand Acts

COMMERCE ACT 1986 - SECT 85

85 Court may order divestiture of assets or shares in respect of contravention of section 47

1 In any case where the court, on the application of the Commission, is satisfied that any person—

a) has contravened section 47 ; or

b) has been found in any other proceedings under this Part to have contravened section 47 ,—

it may, by order,—

c) give directions for the disposal by that person of such assets or shares as shall be specified in the order; or

d) give directions for the disposal by that person of any assets or shares in accordance with an undertaking given by the person under section 69A .

2 An application under subsection (1) may be made at any time within 2 years from the date on which the contravention occurred.

History: Section 85: substituted, on 1 January 1991, by section 32 of the Commerce Amendment Act 1990 (1990 No 41).   Section 85 heading: amended, on 15 August 2017, by section 32(2)(a) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).