Competition and Consumer Law: Major Changes
WEB213NZA26: This not-to-be-missed programme will unravel the massive changes that are about to hit competition and consumer law that you need to be aware of, including the reforms in the new Bill to be introduced early 2021. Be updated on changes to the misuse of market power, anticompetitive mergers, unconscionable conduct and unfair contracts.
Description
Attend and earn 3 CPD hours
Chair: Katrina Hammon, Partner, Wynn Williams
9.30am to 10.15am Misuse of Market Power
- Update yourself on the proposed amendments to section 36 of the Commerce Act 1986
- Examine the potential implications of New Zealand adopting an effects-based test for misuse of market power
Presented by Anna Ryan, Partner, Lane Neave; Chair, Competition Law and Policy Institute of New Zealand
10.15am to 11.00am Increased Penalties for Anticompetitive Mergers
Recent changes to section 36 of the Consumer Act is to increase penalties for businesses engaging in anti-competitive mergers, aligning them with the maximum penalties for other breaches of the Act (including cartel conduct). In this session you will explore:
- The “business case” for increasing merger penalties
- How this could (really) affect risk and strategy for merging parties
- Engagement with the regulator
- The elephant in the room…
Presented by Andy Matthews, Principal, Matthews Law
11.00am to 11.15am Break
11.15am to 12.00pm Unconscionable Conduct
A Bill which will introduce prohibitions on unconscionable conduct in trade is presently making its way through Parliament.
- Gain an update on the Bill and the proposed changes
- Review the Australian experience, and how similar prohibitions have been used and interpreted by the courts
- Discuss the implications of the proposed changes for New Zealand businesses
Presented by April Payne, Senior Associate and Jennifer Hambleton, Senior Associate, MinterEllisonRuddWatts
12.00pm to 12.45pm Extension of Unfair Contract Terms Regime to Small Business Contracts
The Fair Trading Amendment Bill was introduced to Parliament in December 2019. One proposed change is a new prohibition on unfair contract terms in standard form small trade contracts. This amendment would extend the Fair Trading Act's current protections against unfair contract terms to better safeguard small businesses. In this session you will cover:
- The rationale for the prohibition
- Which contracts will be affected
- What will be considered an unfair contract term
- The changes businesses should consider making to their standards terms
Presented by Kristin Wilson, Senior Associate, Bell Gully
Learning Objectives:
- Understand the proposed changes to misuse of market power
- Take a deep dive into the increased penalties for anticompetitive mergers
- Receive an update on unconscionable conduct and proposed changes
- Understand what the unfair contract terms regime means for small business contracts
Presenters
Katrina Hammon, Partner, Wynn Williams
With over 13 years’ experience in the legal sector, Katrina has fostered strong connections within the industry and with clients throughout Australasia and Asia-Pacific including SumoSalad, Luxottica, Pita Pit, Godfreys and Narellan Pools. Prior to joining Duncan Cotterill, Katrina was the senior legal counsel at SumoSalad Group and a senior associate at global firm Norton Rose Fulbright where she spent just under four years as part of its Sydney practice. Katrina continues to work with some of Australasia’s largest franchisors and is regularly called upon for media commentary and strategic advice related to industry compliance, competition and consumer law, intellectual property, expansion and international trade.
Anna Ryan, Partner, Lane Neave
Anna specialises in corporate and commercial law and leads Lane Neave’s competition law team. She routinely advises on the Commerce Act, Fair Trading Act and all aspects of competition and consumer law. Anna is also the principal contact for Lane Neave’s intellectual property practice and acts on a wide range of trade mark, copyright and other intellectual property matters. Anna holds a Masters Degree from the University of Melbourne in Competition and Consumer Protection Law, and Chairs the Advisory Board of the Competition Law and Policy Institute of New Zealand. She also Chairs the Board of the Canterbury Society of Arts, which operates CoCA, Christchurch’s Contemporary Art Gallery.
Andy Matthews, Principal, Matthews Law
Andrew (Andy) Matthews is a top-tier competition (antitrust) and commercial lawyer with over 20-years’ experience dealing with competition authorities in New Zealand, the UK and EU. Andy advises on all aspects of competition & regulatory law including merger control, cartels & investigations, and access pricing issues, and has established relationships with the New Zealand Commerce Commission. Before founding Matthews Law, Andy was a partner and head of the Competition & Regulatory, and the Telecommunications, Media & Technology teams at trans-Tasman law firm Minter Ellison Rudd Watts. Andy also served a term as head of the Minter Ellison Rudd Watts’ Auckland Corporate and Commercial team. Prior to that, he worked in the competition teams at Allen & Overy (London) and Bell Gully (Auckland).
April Payne, Senior Associate, MinterEllisonRuddWatts
April is a senior associate at MinterEllisonRuddWatts. She is an accomplished general commercial litigator, whose expertise include consumer, competition and health and safety law. April has wide-ranging experience acting as defence counsel on regulatory enquiries from New Zealand regulators. This includes assisting with Commerce Commission and Financial Markets Authority matters, as well as WorkSafe investigations and prosecutions. April also has experience working on the other side of regulatory investigations overseas, having worked at the Competition and Markets Authority in London before returning to New Zealand in 2016.
Jennifer Hambleton, Senior Associate, MinterEllisonRuddWatts
Jennifer is a competition and consumer law specialist and general commercial litigator. Jennifer regularly advises clients on compliance with the Commerce Act and Fair Trading Act and the implications of commercial terms such as warranties and indemnities, termination rights, restraints of trade and confidentiality. She has significant experience acting for defendant companies in regulatory investigations and enforcement actions. Jennifer returned to New Zealand in 2016 after almost 10 years in Australia where she worked in the competition teams at several leading Australian firms. During that time, she represented both commercial clients and regulators in regulatory investigations and complex disputes in the Federal and Supreme Courts and the Australian Competition Tribunal.
Kristin Wilson, Senior Associate, Bell Gully
Kristin Wilson is an experienced litigator with particular expertise in advertising, food law, privacy (including cyber security), media law and intellectual property. She regularly provides legal advice to clients as to how to best comply with the Fair Trading Act, Gambling Act, Privacy Act and Advertising Standards Authority codes. She is experienced in vetting advertisements and promotions, drafting terms and conditions, and responding to Advertising Standards Authority complaints. She advises on a wide range of food law issues, including marketing, export and import requirements, and regulatory compliance including advising on the Food Standards Australia New Zealand (FSANZ) Code, the Food Act, the Wine Act and related regulations and industry codes. She has represented media interests in the District Court, High Court and Court of Appeal, and regularly provides advice and representation regarding name suppression and media access to the courts.