Description

Commerce (Promoting competition and other matters) amendment bill was introduced to Parliament

On 8 December 2025, the Commerce (Promoting competition and other matters) amendment Bill, which proposes amendments to the Commerce Act 1986, was introduced to the New Zealand Parliament. The Bill applies to businesses operating in New Zealand markets, particularly those engaging in mergers, acquisitions, resale price maintenance, and collaborative arrangements. It introduces a statutory notification regime allowing firms to notify the Commerce Commission of certain conduct, including resale price maintenance and small business collective bargaining, and proceed unless the Commission objects. The Bill also enables the Commission to grant class exemptions for low-risk conduct, waive or reduce application fees, and streamline cartel clearance processes. In addition, it strengthens enforcement by allowing the High Court to issue corrective action orders following breaches of competition law, enhances protections for confidential information and whistleblowers, and reforms the merger control regime by clarifying the substantial lessening of competition test, enabling the review of serial acquisitions, introducing call-in and hold-separate powers, and establishing statutory timeframes for complex merger reviews. The Bill also introduces an objective test for predatory pricing by removing the requirement to prove recoupment.

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Scope

Policy Area
Competition
Policy Instrument
Competition authority governance
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

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2025-12-08
under deliberation

On 8 December 2025, the Commerce (Promoting competition and other matters) amendment Bill, which pr…