|9.00am||Welcome and introduction|
Anna Ryan, Partner, Lane Neave
Chair, Competition Law and Policy Institute of New Zealand
|9.15am||Keynote session: Misuse of market power enforcement|
This year marks the 10-year anniversary of the Court of Appeal’s decision in the ‘data tails’ litigation, the Commerce Commission’s last section 36 prosecution. With significant amendments to New Zealand’s misuse of market power laws due to come into effect in April 2023, our keynote speaker Fiona Scott Morton and commentator Ben Hamlin will be discussing case selection and other practical considerations relating to the prosecution of misuse of market power cases.
|Anna Ryan, CLPINZ Chair and Partner, Lane Neave|
Prof Fiona Scott Morton, Yale University School of Management (presenting virtually)
Ben Hamlin, Barrister
|11.05am||Session two: Setting the bar for collaborative activity workouts|
The collaborative activities exception is an important exception to both the prohibition on cartel conduct in s30 and the new criminal cartel offence provision in s82B (in force from last year). Following the Commerce Commission’s recent decline of the first ever application for clearance of a collaborative activity, speaker Sarah Keene and commentator Emma Ihaia will examine the standard set for clearance and implications for the application of the exception.
|John Land, Barrister, Bankside Chambers|
Sarah Keene, Barrister
Emma Ihaia, Link Economics
Session three: Insights into the Commission
They will offer some insight into Commission priorities as it continues to implement expanding responsibilities and functions, with a particular focus on the competition functions.
|Hayden Green, Director, Axiom Economics|
Antonia Horrocks, General Manager Competition, Commerce Commission
Andrew Riseley, General Manager Legal Services, Commerce Commission
|2.55pm||Session four: Consumer law - unfair contract terms|
On 16 August 2022, the extension of New Zealand’s unfair contract terms regime to business to business contracts will come into effect. The unfair contract terms provisions in the Australian Consumer Law has applied to B2B contracts since 2016. This session will cover how the Australian Consumer Law provisions regarding unfair contract terms apply to B2B contracts, the Australian experience with enforcing these provisions, the differences between the New Zealand and Australian regimes as they apply to B2B contracts and what we can learn in New Zealand from the Australian experience.
|Alicia Murray, Partner, DLA Piper|
Prof Jeannie Paterson, University of Melbourne
Jennifer Hambleton, Partner MinterEllisonRuddWatts
|4.45pm||Annual General Meeting|
After dinner speaker: Neale Jones, Managing Director at Capital
Limáni rooms,QT Auckland
|9.30am||Session five: Market studies, looking back and looking forward|
With two market studies under our belt and a third one underway, now is a good time to reflect on where we’ve been and where we are headed. This session look back on the process during the fuel and groceries market studies and step back and consider whether we have been asking the right questions in the right sectors.
|Dr Will Taylor, Associate Director, NERA Economic Consulting|
Dr Eric Crampton, Chief Economist, The New Zealand Initiative
Lucy Cooper, Partner, Chapman Tripp
|11.20am||Session six: Strictly structural: Is it time that New Zealand allowed behavioural remedies for mergers?|
Most merger regimes around the world, including our closest neighbour, allow behavioural remedies to address competition concerns with mergers. While behavioural remedies have some difficulties and are used infrequently, in some instances they work well and allow beneficial mergers to proceed. New Zealand is an outlier in not allowing behavioural remedies. In this session we hear about the approach to behavioural remedies in Australia and ask whether it is time New Zealand relaxed its laws to allow these in appropriate circumstances.
|Glenn Shewan, Partner, Bell Gully|
Linda Evans, Herbert Smith Freehills
Michael Tilley, Commerce Commission