New Zealand Acts

COMMERCE ACT 1986 - SECT 85C

85C Matters court must not take into account under sections 85A and 85B

For the purposes of sections 85A and 85B , the court must not take into account any of the following:

a) whether it was appropriate for the Commission to accept the undertaking under section 69A :

b) whether the undertaking under section 69A is still necessary or desirable:

c) whether any of the terms of the undertaking under section 69A are still necessary or desirable:

d) the extent to which the contravention of the undertaking under section 69A may have lessened competition in a market.

History: Section 85C: inserted, on 14 October 2008 (applying only to undertakings under section 69A that are accepted in relation to clearances given or authorisations granted on notices under section 66 or 67 that are registered after that date), by section 14(1) of the Commerce Amendment Act 2008 (2008 No 70).