Rising Stars

Competition law in New Zealand

Bell Gully

Praised for its ‘agile’ nature and ability to ‘throw itself into complex projects’, the competition group at Bell Gully is the trusted advisor to a diverse range of clients, including multinational corporates, infrastructure providers, and financial institutions. The practice has had a busy year, advising on both domestic and multi-jurisdictional merger transactions, cartel issues, and behavioural matters. Practice head Torrin Crowther is lauded by clients for his ‘commercially pragmatic advice on complex issues’ and is a key port of call for many of New Zealand’s largest companies, including Air New Zealand. Jenny Stevens is noted for her specialism in both contentious and non-contentious competition matters, having successfully represented a range of commercial and public sector clients in court and arbitration proceedings, as well as in negotiations. Glenn Shewan handles the full gamut of work, advising on merger control, cartel issues, and misuse of market power claims, while senior associate Penny Pasley is noted for her work on domestic and international matters. Associate Emma Harris has been described as ‘highly responsive and a valued member of our external legal team'.

Practice head(s):

Torrin Crowther


Other key lawyers:

Glenn Shewan; Jenny Stevens; Penny Pasley; Emma Harris; Sam Hiebendaal


Testimonials

‘The team is able to throw itself into complex projects and provide the support we need to generate successful outcomes. It’s also agile enough to provide a high-level view which gets to the nub of the issues when we need a quick turnaround on an issue.’

‘Torrin Crowther’s expertise and deep understanding of our sector is highly valued throughout our business, as is his ability to provide commercially pragmatic advice on complex issues.’

‘Emma Harris is also highly responsive and a valued member of our external legal team.’

Key clients

Fletcher Building


One New Zealand


Air New Zealand


Todd Corporation


Downer


Lineage Logistics New Zealand


Contact Energy


Goodman Fielder


ANZ


Sika AG


Genesis


Work highlights


  • Advised Sika AG on the New Zealand competition law and FDI aspects of its proposed acquisition of MBCC.
  • Advised Lineage Logistics on its successful application to the NZCC for clearance to acquire rival cold storage provider Cold Storage Nelson.
  • Advised Fletcher Building, NZ’s largest building supplies company, on the Commerce Commission’s market study into residential building supplies.

MinterEllisonRuddWatts

MinterEllisonRuddWatts fields a strong team that is highly regarded for its ability to cover a wide range of competition law mandates from merger control and anti-competitive conduct to anti-dumping and anti-subsidy matters. Practice head Ross Patterson, dubbed as the ‘most experienced practitioner in town’ by one client, regularly represents clients in some of New Zealand’s highest profile merger clearances, authorisations, and Commerce Commission investigations. The ‘excellent’ Jennifer Hambleton has a particular speciality in merger clearances, enforcement actions, and disputes, regularly advising commercial and government clients in all levels of the New Zealand courts. Associate April Payne assists public and private sector clients with both contentious and non-contentious competition, consumer, and health and safety mandates.

Practice head(s):

Ross Patterson


Other key lawyers:

Sarah Salmond; Jennifer Hambleton; April Payne


Testimonials

‘Dr Ross Paterson is the most experienced practitioner in town. Really knows how to get to the issue and find a commercial solution.’

‘High-quality lawyers, pragmatic.’

‘Both Ross Patterson and Jennifer Hambleton are excellent to deal with. High-quality legal advice, easy to understand, commercially focused.’

Key clients

Tourism Holdings Limited


Life Health Foods


Camplify


NZ Bus


Viagogo


Tegel


Action manufacturing


Westpac


Zespri


ASB


Work highlights


  • Acted for Tourism Holdings Limited on the merger and clearance application in relation to the merger of thl and Apollo Tourism & Leisure.
  • Advised Tegel on its opposition to the New Zealand Tegel Growers Association’s application for authorisation to collectively negotiate the terms and conditions of its members’ supply of chicken growing services to Tegel for a 10-year period.
  • Acted for NZ Bus on the sale of its business to Kinetic NZ Holdings Ltd (Kinetic).

Russell McVeagh

Russell McVeagh draws considerable praise from clients for its ‘practical and pragmatic’ advice and ‘unmatched’ expertise. The team handles a wide range of prominent competition and antitrust matters, including market studies, merger filings, litigation, and investigations across various industries. The ‘exceptional’ Troy Pilkington heads the practice and is noted for his ability to handle the full gamut of work, acting for clients in the grocery, media, banking, and telecommunications sectors. Bradley Aburn has extensive experience in supporting clients with competition investigations, joint ventures, competitor collaborations, merger control approvals, and market power issues in New Zealand, the UK, and the EU. The ‘dedicated’ Petra Carey is a key port of call for clients seeking guidance on the clearance process for domestic and global M&A transactions and cartel investigations.

Practice head(s):

Troy Pilkington


Other key lawyers:

Bradley Aburn; Petra Carey


Testimonials

‘The team is purely focussed on trade practice law and issues and has great knowledge, networks and energy.’

‘Great focus, excellent attitude and effort. Troy Pilkington is exceptional. I believe he is the best trade practice lawyer in NZ.’

‘Broad and deep expertise in the area, and committed to achieving client’s goals, including by pulling together other resources as appropriate to achieve them.’

‘Highly intelligent and focussed, Troy Pilkington and Petra Carey in particular are dedicated, and manifest a clarity of expression in all that they do consistent with achieving the necessary outcomes. ’

‘The Russell McVeagh Competition Law team’s industry expertise is unmatched and their ability to be fully across any issues or guidance that relates to our business has been hugely valuable.’

‘When we have any complex competition law matters that arise, the team’s advice is always incredibly practical and pragmatic which, as a result, allows us to have huge faith in their judgement. ’

‘Troy Pilkington is an excellent operator and has done an amazing job at establishing a reputation for always being just a phone call away for any advice needed. He has an amazing ability to respond promptly in a completely considered manner irrespective of his commitments and huge workload.’

‘Troy Pilkington is an invaluable part of our broader team and such has been the value he’s delivered that we currently wouldn’t consider using another adviser for competition law purposes. ’

Key clients

Woolworths New Zealand Limited


MBCC Group


News Publishers’ Association of New Zealand


Meridian Energy Limited


Microsoft


Mobil Oil New Zealand


Carter Holt Harvey


Fonterra Co-operative Group


Spark


Holcim


Queensland Investment Corporation Private Capital


Fisher Funds New Zealand


Sanford


Authentic Brands Group LLC


Work highlights


  • Advising Meridian Energy on its proposal to build the world’s largest green hydrogen plant in Southland (“Southern Green Hydrogen project”).
  • Advising the News Publishers Association media company on its successful authorisation application to collectively negotiate with Facebook and Google to secure fair compensation to individual publishers for the content appearing on digital platforms.
  • Advising Microsoft on its application to the Commission for clearance for its acquisition of Activision Blizzard Inc. as part of a global transaction.

Chapman Tripp

Well-regarded for its ‘wide industry knowledge’ and ‘strong solution-orientated advice’, the competition team at Chapman Tripp possesses the capabilities across the full scope of transactional, regulatory, and contentious antitrust matters. The practice serves a diverse roster of clients, hailing from the energy, grocery, financial services, infrastructure, and telecommunications sectors. The practice is chaired by Wellington-based Lucy Cooper, who is experienced in engaging with the Commerce Commission on cartel, merger clearances, market studies, and consumer issues. Matt Sumpter, a ‘valued partner’, is recommended for his expertise in trade practice law and intellectual property, where he is regularly engaged by multinationals and New Zealand’s leading companies. Associate George Spittle has been praised for his ability to ‘synthesise large volumes of detailed information to provide pragmatic, commercial advice’.

Practice head(s):

Lucy Cooper


Other key lawyers:

Matt Sumpter; Simon Peart; Penelope Ward; George Spittle


Testimonials

‘Deep knowledge and able to simplify complexity to focus tightly on important issues. Market leaders with deep expertise.’

‘Lucy Cooper is particularly experienced in market studies, but also provided excellent guidance in more broad competition law advice.’

‘Matt Sumpter is leading lawyer in his field; smart, extremely capable, innovative, and outcome focused.’

Key clients

EBOS


Chorus


Z Energy Limited


Meta


Connexa


Ontario Teachers’ Pension Plan


Foodstuffs North Island


Mitre 10


Pfizer


Pacific Radiology Group


Work highlights


  • Assisted EBOS with securing clearance for its acquisition of the New Zealand business of LifeHealthcare.
  • Advised NZX-listed Z Energy on the AU$1.9bn sale of.
  • Advising Chorus on all competition and regulatory matters.

Buddle Findlay

Buddle Findlay‘s ‘strong’ competition law team possesses the skills and knowledge necessary to handle a wide range of competition and antitrust matters for its diverse roster of clients, which spans a variety of industries. The firm is highly sought after for its capability in handling merger clearance applications. Sat at the helm of the practice is Susie Kilty, who has been praised for her ‘balanced and pragmatic’ advice; large multinational corporations turn to Kilty for her capabilities in compliance matters and on regulatory consents. Tony Dellow retired from the partnership in December 2022 and is now a consultant with the firm. Special counsel Anna Parker advises clients on the full gamut of competition law matters.

Practice head(s):

Susie Kilty


Other key lawyers:

Tony Dellow; Anna Parker


Testimonials

‘The Buddle Findlay lawyers who assisted us on competition law advice had a good understanding of our public sector context and could advise us accordingly.’

‘Susie Kilty is a stand-out for me. She is professionally competent and also patient and caring and takes the time to engage fully with me as a client and with the matter.’

‘Tony Dellow has good public sector experience as he has worked in the sector. He understands the nuances and complexities of Government Ministries which is often reflected in his service and advice.’

Key clients

Bluescope New Zealand


New Zealand Steel


Christchurch City Council


Contact Energy


CRV Limited


Electricity Authority


The Farmers Trading Company


Infratil


Morrison & Co


Ministry of Business, Innovation and Employment


Ministry of Health


Ministry for Primary Industries


New Zealand Financial Markets Association


Payments New Zealand


Strand


Te Whatu Ora Health New Zealand


Tertiary Education Commission


Toyota New Zealand


Verifone/EFTPOS New Zealand


Zespri International


Zoetis New Zealand


Work highlights


  • Advising Zoetis Inc on its successful application for clearance from the Commerce Commission for its acquisition of Betrola Pty Limited, which owns the Jurox group of companies.
  • Advising Payments New Zealand on Commerce Act matters in relation to the development and implementation of standardised APIs for payment related services, as well as the competition law implications of various changes to the Payments New Zealand rules.
  • Advising Toyota New Zealand on confidential competition law compliance matters.

DLA Piper New Zealand

Leveraging its huge global network to provide clients with a truly international offering, the competition team at DLA Piper New Zealand is well positioned to act for some of the world’s biggest corporates on a host of mandates, including merger clearances, cartel investigations, and market regulation. Leading the team is commercial litigator Alicia Murray, who possesses the capability to advise on all aspects of competition law, from merger analysis and filings with the Commerce Commission, through to assisting clients with investigations. Praised for his ‘deep understanding’ is Mark Williamson, who leads the non-contentious side of the competition practice and is noted for his market leading FMCG sector experience.

Practice head(s):

Alicia Murray


Other key lawyers:

Mark Williamson


Testimonials

‘DLA Piper has a leading competition law practice in NZ.’

‘They have top quality major clients.’

‘DLA Piper NZ have worked on high-profile competition matters.’

‘Mark Williamson is a leading competition law partner in NZ.’

‘Mark Williamson has deep understanding of our business.’

‘I work with Alicia Murray. I rate her highly for her expertise and approachability.’

Key clients

PB Technologies


Foodstuffs North Island Limited


Warner Bros. Discovery


Expedia


Busy Bees Early Learning Australia Pty Ltd


Auckland Council


Accel KKR/Seequent


Nelson City Council


Real Estate Institute of New Zealand


Rheem New Zealand Limited


Work highlights


  • Acting for Foodstuffs North Island Limited in respect of the New Zealand Commerce Commission’s market study into the New Zealand grocery industry and the subsequent response by the New Zealand Government.
     
  • Advising Warner Bros. Discovery on an application made by the News Publishers Association for authorisation to collectively bargain with digital platforms Meta and Google.
  • Advised Asia Pacific Loan Market Association NZ Green and Sustainable Finance Working Group on whether any competition law issues would arise, and what particular issues to avoid when drafting the template term sheet in order to minimise risk from a competition law perspective.

Matthews Law

Under the leadership of Andrew Matthews, a seasoned practitioner with expertise across both contentious and non-contentious competition matters, specialist boutique firm Matthews Law is lauded for its capabilities in multi-jurisdictional mandates pertaining to cartel investigations and merger control. The Auckland-based team is routinely instructed by a strong roster of clients from a range of sectors, including technology, real estate, TMT, and medicine.

Practice head(s):

Andrew Matthews


Key clients

New Zealand Food and Grocery Council


Two Degrees


Trilogy International New Zealand LLC


Sony


Seeka


Fulton Hogan


Steel & Tube


Briscoe Group


Green Cross Health


NGB


Lyttleton Port Company


The New Zealand Institute for Plant & Food Research


DeLaval


CSR


Resmed


Teva Pharma


IATA


Auckland Orthopaedics Limited


Realestate.co.nz


Medical Technology Association of New Zealand


Tetra Pak


Avient Switzerland GmbH


Gravity Media


Moana New Zealand


Salus Aviation


Work highlights


  • Advised Moana New Zealand on its proposed acquisition of fishing quota and related fishery assets from Sanford.
  • Advised NGB on Commerce Commission proceedings on the placement of a restrictive covenant.
  • Advised NZFGC on the Commerce Commission retail grocery market study and subsequent government law reform processes to implement the Commission’s recommendations.

Simpson Grierson

The ‘highly knowledgeable’ competition group at Simpson Grierson provides a full suite of competition law and market regulation services to its diverse roster of clients. The team regularly assists corporate clients to obtain Commerce Commission clearances and authorisations for acquisitions, structuring joint ventures and other industry arrangements. James Craig is an ‘incredibly safe pair of hands’ when representing clients in clearance applications and has been praised for his ‘commercial pragmatism’. A litany of clients turn to Nina Blomfield for assistance on Commerce Commission clearance matters. Associate Elsie Stone is praised for her ‘excellent grasp of both competition issues and commercial realities’. Anne Callinan has left the firm to join the Commerce Commission.

Practice head(s):

James Craig; Nina Blomfield


Other key lawyers:

Elsie Stone


Testimonials

‘James Craig and his team at Simpson Grierson are a highly knowledgeable and effective unit who never fail to deliver.’

‘Their knowledge of, and working relationships with, staff (including current trends and practices) at the Commerce Commission is invaluable.’

‘James Craig is an incredibly safe pair of hands, with a healthy dose of commercial pragmatism. His expertise and experience shines through, having been in the competition game a while now, which is a great resource for us to draw on.’

Key clients

Livestock Improvement Corporation


OMV New Zealand limited


The a2 Milk Corporation


Matariki Forests Limited


BP Oil New Zealand Limited


Macquarie Asset Management


Two Degrees Mobile Limited


Work highlights


  • Acting for Macquarie Asset Management and Two Degrees Network Limited in relation to the successful clearance application by Connexa Limited to acquire all of Two Degrees Network Limited’s passive mobile infrastructure assets.
  • Acted for Vocus in its successful application for clearance to acquire Two Degrees Group Limited.

Webb Henderson

Praised for its ‘technically strong and commercial delivered’ advice, the team at Webb Henderson is well-positioned to act for its diverse roster of clients on a range of competition law matters. Utilising the firm’s wider corporate team, the practice has had a busy year acting in high-value contentious and non-contentious mandates. Lauded by clients and peers alike, the ‘excellent’ Sarah Keene steers the practice. Keene joined the team from Russell McVeagh at the start of 2023 and is noted for her experience advising on some of New Zealand’s leading merger, cartel, and misuse of market power cases. Jordan Cox is recommended for his focus on TMT matters. 

Practice head(s):

Sarah Keene


Other key lawyers:

Jordan Cox


Testimonials

‘The team has recently been strengthened with the addition of Sarah Keene, an acknowledged market leader in this area. They now field two specialist partners in this area (and their team) in NZ, and have full access to the resources of their market-leading Sydney team.’

‘They work closely with the corporate and M&A team. The advice is technically strong and commercially delivered. We noticed too that they had excellent relationships and track record with the regulators.’

‘We’ve worked with both Sarah Keene and Jordan Cox. Both are excellent.’

Key clients

Fonterra Co-operative Group Limited


Southern Cross Healthcare Limited


Spark New Zealand Limited


Allegro Funds Pty Limited


Caniwi Capital Limited


Freightways Limited


IAG


Eagleflight Aviation Limited


Envirowaste Services Limited


Indevin Group Limited


IPH Limited


Work highlights


  • Advised Allegro Funds LLP on the competition law aspects of its acquisition of the Gull New Zealand fuel business from Ampol Limited.
  • Assisted Southern Cross Healthcare with achieving NZCC clearance to bring a competing consortium into the ownership of the only private hospital in Palmerston North.
  • Assisted Fonterra Cooperative Group with the competition and regulatory aspects of implementation of its Capital Restructure project that facilitated a proposed $800m capital return to shareholders and unit-holders

Wilson Harle

Wilson Harle draws considerable praise from clients, who turn to the team for its ‘great client relationship skills’ and ‘good commercial judgement’ on the full gamut of contentious and non-contentious competition matters. The ‘very experienced’ Ian Denton is noted for his expertise in competition law and fair trading matters, regularly advising on investigations and proceedings. Commercial litigator Allison Ferguson receives regular instructions in relation to Fair Trading Act issues and proceedings, cartel proceedings, and regulation of telecommunications, while Felicity Monteiro is noted for her work on competition, telecommunications, fair trading, and consumer protection matters.

Practice head(s):

Ian Denton; Allison Ferguson; Felicity Monteiro


Testimonials

‘A small and focused team who punch well above their weight.’

‘Committed individuals all of whom are independent and intelligent thinkers.’

‘Allison Ferguson is a standout partner.’

Key clients

One NZ


Wilson Parking New Zealand Limited


Winton Land Limited


Messrs John Sargent, Phil Bramwell and Bryan Hutson


Electrolux NZ Limited


Work highlights


  • Acting for One NZ in its appeal against conviction and sentence of 18 criminal charges pursued by the Commerce Commission, arising from the marketing of One NZ’s services provided over Hybrid Fibre Coaxial cable network as “FibreX” and representations on its website about the availability of fibre services to certain areas.