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Restrictive
Trade Practices

What are Restrictive Trade Practices?

Restrictive trade practices are practices or behaviours that lessen market competition.

Some of these practices and behaviours are prohibited by law under the Commerce Act 1986, and can incur severe penalties, including fines up to NZ$10 million or 10% of turnover.

Cartel conduct and abuse of market power are forms of restrictive trade practices.

Expertise

Anna routinely advises on the competition law implications of contractual arrangements such as distribution arrangements, franchises and joint ventures.  

She is also experienced in assisting clients to obtain authorisations from the Commerce Commission for restrictive trade practices.

Services

Advising on a wide range of restrictive trade practices, including:

  • Product bundling and tying

  • Predatory pricing

  • Refusal or termination of supply

  • Exclusive dealing

  • Access terms and pricing

  • Cartel conduct

  • Misuse of market power

  • Contracts, arrangements and understandings that have the purpose, effect or likely effect of substantially lessening competition

  • Restrictive trade practice authorisations

Restrictive Trade Practices Resources

Get in touch today

Anna Ryan is a specialist NZ competition barrister delivering expert advice and advocacy in competition, consumer and commercial law.