The Evolution of Competition Law and Policy in New Zealand

ISBN : 9780198855606

Rex Ahdar
336 ページ
156 x 234 mm

The modern era of competition law in New Zealand began with the Commerce Act 1986. Since then, a steady and impressive corpus of case law had traversed all the usual major areas of antitrust law: cartels, resale price maintenance, exclusive dealing, tying, group boycotts, monopolization, mergers and acquisitions, exempted sectors, and the role of economic evidence. This volume explains the rationale for the various major reforms, the ongoing contestation between the Harvard and Chicago Schools of antitrust, and traces the developments of key concepts over the last 34 years. This title also explores systemic issues such as how well has New Zealand moulded its own competition law whilst nonetheless selectively drawing upon the policies, case law, and wisdom of foreign jurisdictions; how effectively has it faced the challenge of adapting its fledgling competition law to the reality of being a small, deregulated, open, and distant economy; and how successful was the application of competition law to utilities in the experimental era of 'light handed regulation'. Written by a New Zealand competition expert, this detailed, original, and comprehensive chronicle of New Zealand's competition law and policy draws together the common threads that mark the modern era and offers some predictions about how the next decades of New Zealand competition law might unfold.


1 Introduction
2 The Pre-Modern Period of Competition Law
3 The Goals of Competition Law
4 Horizontal Arrangements: From Price Fixing and Boycotts to Cartel Conduct
5 Vertical Arrangements
6 Powerful Firms and Monopolizing Conduct
7 The Undulating Path of Merger Policy
8 Granting Immunity: Authorization and 'Public Benefit'
9 Enforcement and Remedies
10 Retrospect and Prospect


Rex Ahdar is a Professor at the Faculty of Law, University of Otago, New Zealand, and an Adjunct Professor at the School of Law, University of Notre Dame Australia, at Sydney. He is a former Fulbright Senior Research Scholar at the University of California at Berkeley (1991). He has taught Competition Law at Otago University since 1986. He is the editor of Competition Law and Policy in New Zealand (1991) and has published numerous articles on competition law and policy in journals, such as The Antitrust Bulletin, European Competition Law Review, Utilities Law Review, Northwestern Journal of International Law & Business, Australian Business Review, Competition & Consumer Law Journal and New Zealand Universities Law Review. He is on the Editorial Board of the Australian Business Law Review and the New Zealand Business Law Quarterly.