New Zealand

The Commerce Commission is the primary competition authority with strong investigation, enforcement, and advocacy powers. It brings cases before the High Court.

Section 27 prohibits contracts, arrangements, or understandings that substantially lessen competition. Cartel provisions (Sections 30-30B) impose per se prohibition on price-fixing, output restriction, and market allocation.

Vertical agreements are assessed under the substantial lessening of competition test (Section 27). Exclusive dealing, third-line forcing, and resale price maintenance are specifically addressed.

Section 36 prohibits firms with substantial market power from engaging in conduct for an anti-competitive purpose. The test was reformed in 2022 to focus on conduct having the purpose, effect, or likely effect of substantially lessening competition.

Voluntary clearance regime. The Commerce Commission may decline clearance if a merger would be likely to substantially lessen competition. Authorisation available on public benefit grounds.

The Commerce Commission operates a well-established cartel leniency and immunity policy granting full immunity to the first applicant and cooperation credit to subsequent applicants.

The Commission regularly enters into settlement agreements and accepts enforceable undertakings. Court-approved settlements are common in cartel and misuse of market power cases.

Civil pecuniary penalties of up to NZD 10 million for individuals and the greater of NZD 50 million, three times the commercial gain, or 10% of turnover for bodies corporate. Criminal cartel penalties include up to 7 years' imprisonment.

No specific digital markets legislation. The Commerce Commission completed a market study into the retail grocery sector and has advocated for digital platform regulation.

The Commerce Commission also regulates electricity, gas, telecommunications, and airport services under Part 4 of the Commerce Act and the Telecommunications Act 2001.

The Commerce Commission has powers to issue statutory notices requiring information and documents. It may obtain search warrants for dawn raids and use compulsory interview powers.

Any person may bring proceedings in the High Court for breaches of the Commerce Act. Damages, injunctions, and other remedies are available. Class actions are possible.

Strong bilateral cooperation with ACCC (Australia), USDOJ, and other agencies. The Commission participates actively in the ICN, OECD, and Five Eyes competition network.

Criminal cartel prosecutions since 2021 (real estate bid-rigging). Major merger reviews in grocery and media. Section 36 enforcement following 2022 reform. Market studies in building supplies and retail fuel.