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ARTICLE · 18 NOVEMBER 2011

Getting to know your competitors - how close is too close?

The Guidelines for Trade Associations outlines arrangements between competitors that the Commerce Act does not permit.

New ZealandAntitrust/Competition Law

Knowing what your competitors are up to helps inform your business strategy – but did you know that there are some things that you shouldn't do in conjunction with your competitors – and which, if you did them, could expose you to large fines (and if a proposed new law is passed, to possible imprisonment)?

The Commerce Commission has recently issued a set of Guidelines for Trade Associations. See http://www.comcom.govt.nz/trade-associations. These guidelines recognise that members of trade or industry associations are usually competitors. They go on to outline the types of arrangements between competitors that the Commerce Act does not permit. These rules apply whether or not you are a member of, or actively involved in, a trade association.

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