Misuse of market power guidelines

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

These Commerce Commission guidelines outline how the Commission assesses market power and evaluates potentially anti‑competitive unilateral conduct.

Commerce Commission disclaimer: These Guidelines are not law and are not legally binding. They do not replace legal advice. The specific facts of each case will determine how the Commerce Act applies, and you should seek legal advice on the application of the Commerce Act to your circumstances.

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