Title: The purpose of substantially lessening competition: The divergence of New Zealand and Australian law
Abstract: The Commerce Act 1986 is largely based upon Australia's Trade Practices Act 1974 (now called the Consumer and Competition Act 2010). This is especially so with the restrictive trade practice provisions. These are in Part 2 of the Commerce Act and Part IV of the Consumer and Competition Act. Both Acts, via s 27 in New Zealand and s 45 in Australia, proscribe contracts, arrangements and understandings that have the purpose or effect or likely effect of substantially lessening competition in a market.1 In the Commerce Act's early days, New Zealand courts emphasised the efficacy of drawing on Australian authority on these provisions.2 Indeed with CER New Zealand courts noted it was desirable to do so.3 However, with the purpose limb of s 27, ie proscribing contracts, arrangements and understandings that have the purpose of substantially lessening competition, New Zealand and Australian law has significantly diverged.
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
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Cited By Count: 1
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