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Competition & Regulatory

Competition law affects all sectors of the economy.

Our experienced competition and regulatory experts are recognised market leaders. We have worked across a range of sectors, including banking, energy, healthcare, tourism, telecommunications, technology, natural resources, building and construction, and retail.

We provide regulatory advice and business solutions to corporate clients across all aspects of competition law and market regulation including:

  • antitrust analysis of mergers and acquisitions
  • Commerce Commission clearances and authorisations for acquisitions
  • structuring joint ventures
  • industry arrangements to ensure compliance with competition law
  • access and supply arrangements
  • pricing issues
  • submissions to government and sector-specific regulators, and engaging on policy issues with them
  • compliance programmes ranging from client-specific online training modules to in-house training presentations.

Our competition litigators act for clients in investigations and court proceedings relating to alleged restrictive trade practices and other anti-competitive behaviour.

Examples of our work

  • Haier Group - competition law aspects of its purchase of Fisher & Paykel Appliances
  • Wotif.Com Holdings Limited - clearance application from the Commerce Commission allowing Expedia Inc to purchase Wotif's online travel business in New Zealand
  • OMV - a number of significant competition and regulatory issues, including its proposed acquisition of Shell's assets in New Zealand
  • LJ Hooker - acting in 2016/17 in the Commerce Commission's proceedings in the High Court against the major real estate companies under s30 of the Commerce Act
  • Nelson City Council and Tasman District Council - acting for both Councils in 2016/17 in relation to the authorisation application filed with the Commission regarding a joint landfill proposal
  • Novartis AG:
    • competition advice on transactions with GlaxoSmithKline including: acquisition of GSK oncology portfolio, creation of Consumer Healthcare joint venture, and sale of non-influenza Vaccines business
    • competition advice in relation to the sale of its animal health division to Eli Lilly in NZ
  • Financial institutions - defending claims made by the Commerce Commission and the Financial Markets Authority into alleged misleading representation, in relation to the marketing and sale of interest rate swaps
  • Virgin Blue - on the Qantas/Air New Zealand authorisation and in the subsequent High Court proceedings
  • Transpower - avising on matters including:
    • the proposed Electricity Governance Board restrictive trade practices authorisation
    • design and development of the New Zealand Electricity Market rules, the multilateral agreement on common quality standards, both of which preceded those proposals, and the subsequent design and development of the Electricity Governance Regulations and Rules
    • the Commerce Commission investigation and subsequent administrative settlement under the Commerce Act Part 4A electricity lines business targeted control regime
  • Gas Industry Company (the gas industry co-regulatory body) - legal aspects of development of gas industry regulation, including wholesale market development, switching and reconciliation, compliance and the national gas outage contingency protocol and associated rule drafti