The Commerce Act and Collusive Conduct

Authors: Mary-Anne Borrowdale and David Peddie
Published: 26 October, 2011
Pages: 61

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Introduction

The purpose of this webinar is to further understanding among non-specialist lawyers of the provisions of the Commerce Act 1986 which prohibit collusive agreements, and the work of the Commerce Commission to enforce these provisions.

This webinar is designed for general practitioners with no or incomplete knowledge of competition law who want to advise their clients on the boundaries of the collusive conduct prohibition. The webinar focuses on the particular elements which must be proven in order to establish a breach of s 27 via s 30 of the Commerce Act, as well as providing an overview of the Commerce Commission’s leniency programme.

The webinar will cover the following subjects in turn:

The Commerce Commission, its powers and approach to compliance

An overview of the Commission’s updated Leniency Policy;
The law:

- Collusive conduct – What is it?
- Why are cartels harmful?
- What are the elements requiring proof for s 30?
- Exemptions under the Act.
- Penalties/Settlements;

Protecting your client’s business – Compliance Programmes

Collusive conduct is often also referred to as cartel conduct. The words “cartel” and “collusive conduct” are used interchangeably in this booklet and during the webinar.

The Commerce Act and Collusive Conduct

Introduction

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