FYI:
Energy & Natural Resources – Maui Pipeline Outage
02 Nov 2011
A gas leak in the Maui pipeline caused disruption to many businesses and there was uncertainty as to the rights and obligations of gas users, including the ability to obtain compensation...
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FYI:
Competition Law – Cartel Criminalisation One Step Closer
21 Oct 2011
Early last year, we signalled proposals to criminalise cartel conduct in New Zealand. With the recent introduction of the Commerce (Cartels and Other Matters) Amendment Bill into Parliament on 13 October, those proposals are one step closer to reality...
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Feature Article:
Directors - So You Think You Are Insured? Think Again!
21 Sep 2011
The High Court has issued a surprising decision which casts doubt on whether directors can access their D&O policies to pay legal defence costs...
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Q&A:
Gyms Required to Shape Up
01 Aug 2011
The Commerce Commission has put the gym industry on notice that it is monitoring the compliance of gym membership contracts with the Credit Contracts and Consumer Finance Act 2003...
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Feature Article:
Nathans Finance Verdict: Guilty
14 Jul 2011
On 8 July, a High Court Judge found three directors of Nathans Finance, Roger Moses, Mervyn Doolan and Donald Young, guilty of offences under the Securities Act. A fourth director, John Hotchin, had earlier pleaded guilty and was sentenced to eleven months home detention...
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FYI:
Competition Law – Confidentiality of Commerce Commission Interviews - the Air New Zealand Court of Appeal Decision
07 Apr 2011
The Commerce Commission has broad powers under the Commerce Act to aid its investigation of potential breaches. These powers include the power to interview people, and the power to impose confidentiality orders over information it receives...
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Feature Article:
Freezing Orders Under the Securities Act
08 Mar 2011
There has been a great deal of news coverage over the recent, and unprecedented, step by the Securities Commission to obtain a surprise freezing order over the assets of former Hanover director, Mark Hotchin...
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Feature Article:
Freezing Orders Under the Securities Act
There has been a great deal of news coverage over the recent, and unprecedented, step by the Securities Commission to obtain a surprise freezing order over the assets of former Hanover director, Mark Hotchin. Those orders are now being challenged by Mr Hotchin and the Judge's final ruling has yet to be released...
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FYI:
Competition Law – Tenderers On Notice
08 Nov 2010
Two recent announcements highlight the need for competition law compliance in sectors where tenders are common practice. Tender processes seek best value outcomes through a structured competitive process...
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FYI:
Competition Law – Competition is the Name of the Game - On and Off the Sports Field
06 Oct 2010
This FYI profiles a number of recent international competition law decisions in a sports context. These decisions cover a broad range of matters including merchandising and broadcasting rights, the licensing of intellectual property and exclusive arrangements, and highlight how competition laws can apply in the commercial sports arena...
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Q&A:
Commercial Litigation – Trans-Tasman Proceedings: A Narrowing "Ditch"
14 Sep 2010
On 24 July 2008 the New Zealand and Australian Governments signed the "Trans-Tasman Agreement"; an agreement setting up...
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FYI:
Competition Law – Hard Core Cartels: Whistleblowers Wanted
17 Mar 2010
The Commerce Commission has released new Cartel Leniency Policy and Process Guidelines. The guidelines, which apply from 1 March 2010, set out the way in which companies and individuals can apply to the Commerce Commission for conditional immunity from prosecution...
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FYI:
Competition Law – Cartel Criminalisation on the Cards
03 Feb 2010
The Ministry of Economic Development has last month released a discussion paper which recommends that cartel conduct in New Zealand is made a criminal offence...
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Law Guides:
Commerce Commission Investigations
17 Nov 2009
Growing government regulation and an increasingly litigious environment were flagged as top concerns in Simpson Grierson’s latest research into issues impacting the legal needs of businesses.
The Commerce Commission is one regulatory agency which is increasing its presence in the New Zealand business environment and is often in the news...
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Law Guides:
Commerce Commission Investigations
Growing government regulation and an increasingly litigious environment were flagged as top concerns in Simpson Grierson’s latest research into issues impacting the legal needs of businesses.
The Commerce Commission is one regulatory agency which is increasing its presence in the New Zealand business environment and is often in the news. The Commission is gathering a formidable reputation as the government’s competition “watchdog” and in its 2005/2006 Statement of Intent it has an express objective to “discourage activities that harm New Zealanders by taking enforcement action against anti-competitive arrangements and structures, and the misuse of market power”.
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Law Guides:
Commerce Commission Investigations under the CCCFA
17 Nov 2009
The Credit Contracts and Consumer Finance Act 2003 (CCCFA) is regulated and enforced by the Commerce Commission...
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Law Guides:
Commerce Commission Investigations under the CCCFA
The Credit Contracts and Consumer Finance Act 2003 (CCCFA) is regulated and enforced by the Commerce Commission. This is a new role for the Commission and in its 2005/2006 Statement of Intent it identified the investigation of breaches of the CCCFA as a short term goal with a medium term goal being to use "… court actions to establish precedents which will be used to educate credit providers on their obligations".
In light of this, Simpson Grierson's banking and finance and competition law experts have collaborated to design this handbook to provide you with a brief overview of the purpose of the CCCFA, the role and powers of the Commerce Commission under that Act, and what you really need to know to survive a Commerce Commission investigation.
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FYI:
Competition Law – The High Hurdle of Proving Use of Market Power
12 Nov 2009
The Commerce Commission winning a case under section 36 of the Commerce Act has similarities to the All Blacks winning the World Cup – it's happened, but not nearly as often as they would like...
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FYI:
Competition Law – Tenders Under Scrutiny
08 Oct 2009
Anti-competitive behaviour in tender processes – in particular, bid-rigging arrangements – has been a focus of competition regulators across the globe in recent times...
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FYI:
Competition Law – Fletcher and Simpson Grierson obtain Commerce Commission Clearance based on "failing firm" argument
05 Jun 2009
Simpson Grierson recently assisted Fletcher Building Limited with its application to the Commerce Commission seeking clearance to acquire Stevenson Group's masonry businesses...
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FYI:
Competition Law – Commerce Act Update
29 Jan 2009
The Commerce Commission has released new guidelines to assist businesses and their advisers when applying to the Commission for clearance to merge or acquire the assets or shares of a business. In this FYI, we take a look at the new process...
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FYI:
Competition Law – The Warehouse Decision in the Court of Appeal - A Return to Basic Principles
05 Aug 2008
In December 2007 we published an FYI headed "The Warehouse Decision – Why the Commission Must Appeal the High Court Decision"...
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