Service

Competition & antitrust

Providing commercially astute advice for critical projects and inquiries

Clients faced with a competition issue value our ability to distil a high stakes, complex situation and provide clear advice. The New Zealand Commerce Commission is increasingly active in exercising powers to discourage anti‑competitive behaviour and we’re seeing an increase in investigations into anti‑competitive conduct, including market surveys. 

Taking a collaborative approach, our team has successfully represented clients across a diverse range of sectors including energy, financial services, infrastructure and telecommunications. Our core clients include the nation’s largest corporates, key government and financial institutions, major primary sector operatives, major infrastructure providers and multinationals operating in New Zealand. 

Our team of internationally recognised competition and antitrust specialists provides first-class advice on:

  • merger approvals
  • business-critical investigatory and litigation assignments
  • cartel activity including price fixing
  • criminal competition and consumer law
  • abuse of market power concerns
  • arrangements with competition implications
  • contentious matters including Commerce Commission investigations and precedent-setting competition law litigation
  • market studies
  • compliance audits and training programmes.
  • Acting for Pfizer in relation to New Zealand competition law aspects of the global merger for Pfizer’s consumer health business with GlaxoSmithKline.
  • Providing counsel to Philip Morris International, the world’s leading tobacco company, in the most significant misuse of market power case to come before the New Zealand courts in over a decade.
  • Representing PGG Wrightson on the sale of its seeds business to Danish company DLF Seeds, in relation to the clearance process with the New Zealand Commerce Commission.
  • Advising Gebr. Knauf KG, as part of the multi-jurisdictional local counsel team, on its global merger with USG Corporation.
  • Securing Commerce Commission clearance for Ingenico to acquire Paymark, New Zealand’s electronic payment switching operator.
  • Acting for Shell on competition law aspects of Shell’s exit from its New Zealand upstream business through sale to its competitor OMV New Zealand.
  • Advising Netflix, Amazon, Sony, Disney, Twentieth Century Fox, Warner Bros, Paramount and Universal Studios on Government’s proposed reform of the antitrust treatment of intellectual property rights.
  • Defending New Zealand’s largest retailer, The Warehouse Group, on criminal competition and consumer law charges brought by the Commerce Commission following an extensive investigation into subsidiary, Noel Leeming.
  • Acting for First Gas on settlement of the Commerce Commission’s enforcement action taken on a non-notified acquisition of gas distribution assets.
  • Defending Paymark against proceedings bought by Payment Express alleging breach of s36 of the Commerce Act (taking advantage of SMP).
Ranked Tier One for competition work and as an elite firm (GCR 100).Chambers Asia Pacific 2020 | Legal 500 Asia Pacific 2020 | Global Competition Review 100 (19th edition)