Competition and antitrust law

Overview

We know it is vital for businesses operating in New Zealand to comply with competition law and avoid penalties - especially following the recent criminalisation of cartel conduct.

We have a unique perspective on competition law

Our role in designing the Commerce Act gives us a deep understanding of the policy behind the law.
Our team delivers pragmatic, tailored advice built on subject matter expertise and practical experience from advising entities under investigation, as well as regulators.

Our experience is strengthened by our regulatory expertise, enabling us to provide robust Commerce Act advice to government institutions and entities in regulated industries.

We advise on all aspects of competition law

We can support you with:

Mergers and acquisitions, including on applications for Commerce Commission clearance and authorisation
Business arrangements such as joint ventures, franchises, distribution and reseller arrangements, exclusive arrangements, and collaborative activities
Reviews of pricing and other business practices for compliance with prohibitions including price fixing, market allocation, and resale price maintenance
Misuse of market power issues
Commerce Commission investigations and other enforcement matters, including applications under the Cartel Leniency and Immunity Policy, and Commerce Act litigation
Market studies
Tailored compliance programmes and training
Economic and industry-specific regulation, in areas such as electricity, dairy, and telecommunications.

We act for clients across a variety of industry sectors

These include:

Energy
Retail
Consumer goods
Health
Infrastructure
Financial services
Telecommunications.

We work for some of New Zealand's largest corporates, key government and financial institutions, major infrastructure providers, and multinationals operating in New Zealand. Our clients include Toyota New Zealand, Payments New Zealand, Infratil, Contact Energy, Verifone, Te Whatu Ora – Health New Zealand, Auckland Council, Ministry of Business, Innovation and Employment, Zoetis, and Zespri.

"Buddle Findlay houses a team of ‘problem solvers’ who advise both regulatory authorities and participants across the consumer goods, dairy, energy, financial services and health sectors on a range of competition matters."

Legal 500 Asia-Pacific

"The competition law team at Buddle Findlay has an excellent mix of competition law and public policy expertise. They know our business and what we require to advise ministers and parliamentary processes. Their strengths are that they become part of the team and provide practical advice that is solution-orientated. They are customer-focused and provide value for money."

Legal 500 Asia-Pacific

"Extremely commercial, direct and useable advice, very well-connected."

Legal 500 Asia-Pacific

Experience

Sector / Expertise

Work highlights

Infratil and Brookfield Asset Management

We advised the Consortium of Infratil and Brookfield Asset Management on their landmark NZ$3.4b acquisition of One NZ (previously Vodafone NZ), including Infratil’s successful application for clearance for the acquisition.

Cartel investigations

We advised on international and domestic cartel investigations, including the Commerce Commission’s cartel investigation into price fixing in the real estate sector.

Zoetis

We advised Zoetis on its successful Commerce Commission application for its acquisition of Betrola.

Payments NZ

We advised Payments NZ on the development and implementation of standardised APIs for payment related services, and the competition law implications of the Payments Rules.

Verifone/EFTPOS New Zealand

We advised Verifone/EFTPOS New Zealand on its successful application for clearance from the Commerce Commission for its proposed acquisition of Smartpay.

Toyota New Zealand

We advised Toyota New Zealand on competition law compliance matters, including advising on the Commerce Act implications of moving to an agency distribution model.

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