NZFGC and Andy Matthews of Matthews Law held a webinar on April 17 to update members on competition law.
On the Misuse of Market Power guidelines released by the Commerce Commission, Andy covered:
- what’s changed and the key consequences
- the broader application of the new prohibition (who it captures and when it “bites”)
- distinguishing between vigorous competitive “conduct” and anti-competitive exclusion
- danger areas (refusals and implied refusals to supply, margin/price squeezing, exclusive dealing, loyalty rebates, tying/bundling, limit pricing/predation, enforcing IP rights).
On Resale Price Maintenance (where a supplier enforces or tries to enforce a minimum price at which a retailer must on-sell goods or refuses to supply due to low retail pricing), Andy explained the guidelines and tips on what suppliers can and cannot suggest to retailers on pricing. He said this was an area that was again on the radar for regulators.
He also gave a rundown on cartel conduct.