Competition Law Update (Paper)

Presenters:

Alan Lear, Barrister
Kim Francis, Partner, Lindsay & Francis
Matthew Sumpter, Partner, Chapman Tripp
Sarah Keene, Barrister
Ben Hamlin, Chief Legal Counsel ─ Competition, Commerce Commission
Chair: Dr Mark Berry, Barrister

Synopsis:

In everyday commerce, clients can be exposed to competition law entanglements. Knowing when you should be recognising Commerce Act issues, and what first steps should be taken, are vital for a range of lawyers. Focussing on restrictive trade practices, cartels, monopolisation, mergers and acquisitions, dealings with the Commerce Commission, and compliance programmes, our panel will use case studies to update you on law changes together with recent cases and examples, so you and your clients can proceed with best practice.

These materials will help you:

• In respect of restrictive trade practices, refresh your understanding of the basic prohibition under s 27 of the Commerce Act and refine your knowledge about the cartel provisions and their exceptions, including the introduction of criminalisation earlier this year and its likely impact.
• In respect of monopolisation, develop a better understanding of the key elements of the current and proposed new s 36, including in relation to denial of access, predatory pricing and abuse of legal rights.
• In respect of mergers and acquisitions, get to grips with a range of aspects including the key elements of s 47 (and the counterfactual test), what needs to be done about information exchanges in the course of pre-merger negotiations, and how much safe harbours tell us.
• In respect of dealings with the Commerce Commission, gain useful insights in relation to clearance, authorisation and leniency applications, and matters of liability.
• In respect of compliance programmes, enhance your appreciation of the reasons for having them and what they might look like.

Intended Audience:

All civil and commercial lawyers and litigators, and those who practise in criminal law, at all levels of experience.