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Commission releases competitor collaboration guidelines

09 January 2018

The Commerce Commission has released a final version of its guidelines for assessing collaborations between competitors as a result of amendments to the law relating to cartels.

It says the guidelines provide a broad overview of the its approach to enforcing the new law.

Changes to the Commerce Act include a new cartel prohibition with exceptions for collaborative activities, vertical supply contracts and Commission joint buying agreements.

The Commerce (Cartels and Other Matters) Amendment Act 2017 also introduces a clearances regime for businesses that enter into collaborative activities which risk breaching the law.

“The guidelines are the result of a comprehensive consultation process with the business and legal community which included consultation on draft guidelines and revised draft guidelines," says Commission chairman Mark Berry.

"The guidelines have been further amended to reflect changes to the Bill before it was passed in August 2017."

Last updated on the 11th January 2018