Misuse of market power fact sheet

Section 36 of the Commerce Act prohibits businesses with a substantial degree of market power from engaging in conduct that has the purpose, effect, or likely effect of substantially lessening competition.

This Commerce Commission fact sheet outlines the types of behaviour that may amount to a misuse of market power and risk breaching the law, with further detail available in the Commission’s Misuse of Market Power Guidelines.

Commerce Commission disclaimer: This fact sheet provides guidance only. It is not intended to be definitive and should not be used in place of legal advice.

Source: New Zealand Commerce Commission, https://www.comcom.govt.nz/business/avoiding-anti-competitive-behaviour/misuse-of-market-power/