Competing Views on Media Mergers: A Comparative Analysis of New Zealand Competition Law

2018 ◽  
Author(s):  
Jared Cotton
Keyword(s):  
Comparative Analysis ◽  
New Zealand ◽  
Competition Law

The Vodafone/Sky Decision and Vertical Mergers in New Zealand

2021 ◽  
pp. 0003603X2110449
Author(s):  
Paul Scott
Keyword(s):  
New Zealand ◽  
Competition Law ◽  
Current Thinking ◽  
Vertical Mergers

As Professor Ahdar’s text shows, New Zealand’s competition law has undergone an evolution. Views on various practices have changed and this led to academic disagreements. One area, however, has been free from any controversy and that is vertical mergers. The reason is not uniformity of philosophy—but rather more prosaic. New Zealand has not had any cases. This changed with the Vodafone/Sky merger. This article discusses the Commerce Commission’s decision to decline the merger and how it is in line with current thinking on vertical mergers.

scholarly journals Lessons lost: a comparative analysis of animal disaster response in New Zealand

2020 ◽  
Vol 16 (3) ◽  
pp. 231
Author(s):  
Marcelo Rodriguez Ferrere ◽  
Mike King ◽  
Steve Glassey
Keyword(s):  
Comparative Analysis ◽  
New Zealand ◽  
Disaster Response

The Goals of Competition Law

2020 ◽  
pp. 58-89
Author(s):  
Rex Ahdar
Keyword(s):  
New Zealand ◽  
Competition Law ◽  
Chicago School ◽  
Labour Government ◽  
Business Interests ◽  
Michael Porter ◽  
Workable Competition ◽  
Term Benefit ◽  
Harvard School

The Commerce Act 1986 expressly states its object is to promote “effective or workable competition.” This traditional Harvard School approach has been consistently assailed by big business interests in New Zealand, assisted by a phalanx of “down-under” Chicago School economists and lawyers. Chicagoans have had minor successes in terms of amendments to the principal Act, and some quite notable court victories, but the glittering prize, the overall objective of the Act, has remained unchanged. Chicago won several battles, but lost the war. A major amendment to the Act in 2001, promoted by a Labour government, recast its object to state that its purpose was “to promote competition in markets for the long-term benefit of consumers within New Zealand.” After a quiet period where nothing seemed to have changed, the most recent signs are that a mild preference for consumers is appearing. The chapter also examines the international competitiveness arguments of Michael Porter.

Introduction

2020 ◽  
pp. 1-34
Author(s):  
Rex Ahdar
Keyword(s):  
Industrial Organization ◽  
New Zealand ◽  
Competition Law ◽  
Small Fish ◽  
Distinctive Features ◽  
Law And Policy ◽  
Close Relationship ◽  
The Law

This chapter examines four distinctive features that mark competition law in New Zealand (NZ). Some of these (the first and fourth) are unique to NZ while others (the second and third) are common to all antitrust regimes. The first characteristic is the close relationship with Australian competition law and policy. Being modelled upon Australian legislation, NZ law tracks Australian developments, although the pattern is not one of slavish adherence. A second motif is the ongoing tension between competition law as law and competition law as applied to industrial organization economics. NZ courts have consistently held that economics plays an important but supplemental and subsidiary role. The concepts of “competition” and “market” are discussed. Third, there is ambivalence over the ambit of competition law. This chapter examines both exemptions from the Commerce Act 1986 and the extension of competition law to give it a limited extraterritorial effect. Fourth, another recurring theme is the prevalence of the small, isolated economy argument (NZ is a small fish in the global pond) in the development of policy, doctrine, and the interpretation of the law.

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