2025 Programme
Programme updated 29/07/2025 and subject to minor changes
| 11.45am | Registration open | |
| 12.15pm | Welcome and Introduction Ben Hamlin, Barrister and Chair, Competition Law and Policy Institute of New Zealand Hon Scott Simpson, Minister of Commerce | |
| 1.00pm | Session One: Time for a pit stop – a diagnostic on NZ’s merger control processes The Government is expected to make changes to New Zealand’s merger control regime, which will no doubt result in changes to some of the Commerce Commission’s processes. While a complete Australia-style legislative overhaul is not currently being contemplated, the changes to New Zealand’s and Australia’s regimes present a unique opportunity for the Commission to review its processes more generally – and to update them if necessary. This presentation explores how the Commission’s processes could be updated to ensure they are fit for purpose as we move towards 2026 and beyond. | |
| Chairperson: Speaker: Commentator: | John Land, Barrister Michael Tilley, Tilley + Co Felicity McMahon, Partner, Allens | |
| 2.15pm | Afternoon tea | |
| 3.00pm | Session Two: Next Gen This session we will hear from a range of the ‘next generation’ on important topics | |
| Chairperson: Speakers: | Dr Will Taylor, Partner, NERA Economic Consulting Why are we applying regulation developed for monopoly sectors to competitive industries? Hey teacher leave those kids alone! Exploring a De Minimis Threshold for New Zealand Competition Law | |
| 4.45pm | Day close | |
| 5.00pm | Annual General Meeting | |
| 7.00pm | Workshop dinner Pravda Café & Grill | |
| 9.00am | Session three: Economic tests for the misuse of market power With a focus on unilateral conduct, such as price squeezes, bundling and predation, this session explores the application of economic tests for assessing misuse of market power, in a context where section 36 of the Commerce Act now includes a substantial lessening of competition effects test. Our speakers examine this topic drawing on learnings from Australian experience. Andrew Christopher will provide a view through a lawyer’s lens of the way that the SLC test has evolved in Australia, how it has been applied by the courts, and how this frames the use of economic tests. Greg Houston will then provide an economist’s perspective of competition and its lessening through unilateral conduct, before stepping through case studies illustrating the application of typical economic tests and the types of considerations that arise. | |
| Chairperson: Speakers: | Emma Ihaia, Director, Link Economics Greg Houston, Partner, HoustonKemp Andrew Christopher, Partner, Webb Henderson | |
| 10.10am | Morning tea | |
| 10.30am | Session Four: Conscience and the Courts: The Elusive Standard of Unconscionable Conduct This session will explore the Australian judiciary’s approach to interpreting and applying Australia’s statutory prohibitions against unconscionable conduct over the past 40 years. Despite their long-standing inclusion within Australia’s competition and consumer law framework, the courts have struggled to articulate a stable and coherent standard, leading to uncertainty about where the line is drawn between conscionable and unconscionable conduct. By tracing the fluctuating thresholds applied in key decisions, this session will highlight the challenges of interpreting and enforcing such a complex normative standard and offer guidance on the ‘status quo’. It will also offer timely insights for New Zealand, which recently introduced an equivalent statutory prohibition against unconscionable conduct, the interpretation of which will, according to the Commerce Commission, benefit from considering the Australian experiences and examples. | |
| Chairperson: Speaker: Commentator: | Jennifer Hambleton, Partner, MinterEllisonRuddWatts Dr Mark Giancaspro, Senior Lecturer, Adelaide Law School Victoria Fowler, Counsel, Webb Henderson | |
| 11.30am | Session Five: Competition law and labour markets Matt Sumpter believes we should inject competition law into labour markets. In this session Chaired by Anna Ryan of Lane Neave, Matt will speak about employee restraints of trade and related arrangements. In doing so Matt will record what the law is, what it could be, and how – in this area – New Zealand is at odds with benchmark jurisdictions. Matt will be joined by a senior employment law specialist who will offer practical observations on the competition law/employment interface and proposed reform options. | |
| Chairperson: Speaker: Commentator: | Anna Ryan, Partner, Lane Neave Matt Sumpter, Partner, Chapman Tripp Samantha Turner, Barrister, Stout Street Chambers | |
| 12.40pm | Lunch | |
| 1.30pm | Session Six: Applying the cartel exceptions Navigating the boundaries of lawful collaboration remains a complex challenge, given a lack of case law or clearance decisions. This session will unpack the three key exceptions to the cartel prohibition—collaborative activities, vertical supply contracts, and joint buying agreements—and explore the uncertainty surrounding their practical application. Our expert panel will walk through worked examples to illustrate how these exceptions can (and cannot) be applied in real-world scenarios, providing insights into the grey areas of cartel law and some practical tips for advising clients on how to manage these risks. | |
| Chairperson: Panel: | Alicia Murray, Partner, Lowndes Jordan David Blacktop, A&B Competition Lawyers Anna Parker, Special Counsel, Buddle Findlay Jessica White, Chief Legal Counsel - Competition (Acting) Commerce Commission | |
| 2.30pm | Afternoon tea | |
| 2.50pm | Keynote session: Making Competition Law Work Our 2025 keynote address centres on New Zealand’s competition law and its institutions, as we approach the 40th anniversary of the Commerce Act 1986. Our keynote speaker, Justice David Goddard of the Court of Appeal of New Zealand, will draw on his extensive experience as a legal designer, barrister, and judge to review our framework for administrative and judicial decision-making about competition matters. | |
| Chairperson Speaker: Commentator: | Ben Hamlin, Barrister Hon Justice Goddard, Court of Appeal, New Zealand Jenny Cooper KC | |
| 4.00pm | Workshop close | |
| 4.30pm | Closing drinks | |