Services

Competitor Collaborations

What is competitor collaboration?

Competitor collaboration involves competing businesses working together on legitimate projects such as joint ventures, research or sustainability initiatives.

While there can be many benefits to competitor collaboration, it is inherently high-risk from a competition law compliance perspective, giving rise to particular risks, including non-compliance with New Zealand’s cartel laws.

Expert guidance is often required to manage Commerce Act risk and ensure that competitor collaborations do not substantially lessen competition or inadvertently result in illegal cartel conductthrough joint agreements to fix prices, restrict output, or allocate markets.

Expertise

Anna has extensive experience advising clients on how to structure collaborations with competitors in a manner that complies with New Zealand competition law.

She also regularly works with industry associations and their Boards to ensure that their activities are Commerce Act compliant.

Clearances for collaborative activities

In New Zealand, businesses can apply to the Commerce Commission for clearance for a collaborative activity, such as joint ventures or shared services, that might otherwise breach cartel provisions, ensuring legal immunity.

Clearance is granted if the parties are or will be involved in a genuine collaborative activity, any cartel provisions are reasonably necessary, and the activity will not substantially lessen competition.

Since the collaborative activity clearance regime came into force in 2017, there has only been one clearance application filed, by Anytime NZ. Anna acted as counsel for Anytime NZ in that matter.

Following the Commerce Commission’s decision to decline clearance in the Anytime NZ matter, Anna made submissions to MBIE as part of its Targeted Review of the Commerce Act in 2025 on how the clearance regime could be improved. Key aspects of Anna’s submissions have been incorporated into the Commerce (Promotion of Competition and Other Matters) Amendment Bill which is expected to pass into law in 2026.

Services

Advising businesses on structuring collaborations with competitors
Advising industry associations on Commerce Act compliance
Acting for clients on collective bargaining matters
Collaborative activity clearance applications
Advising franchise networks on the legality of provisions in franchise agreements

Anna is a Franchise Association of New Zealand member and advises franchise networks on competition law compliance and regulatory issues, including the operation of New Zealand’s cartel laws and the unfair contract terms regime.