The proposed criminalisation of cartels makes the optimal design of competition law policy and enforcement an even more significant issue than it might otherwise be. This paper explores what will no doubt be a controversial proposition.
That is, that the role for a provision such as section 30 of the Commerce Act 1986 in a modern economy like New Zealand (or, more importantly perhaps, such as New Zealand aspires to be) is limited. Rather alleged cartel conduct should be considered under the fuller and more nuanced analysis available under section 27 of the Commerce Act.
This is a paper from the panel discussion at the recent Competition Law and Policy Institute of New Zealand Workshop.
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