Applies tough criminal sanctions (up to three times the gain) to hard-core cartel behaviour. Now includes amendments proposed by the Minister of Commerce extending the Commerce Act to cover international shipping and aviation. Mainly tidy-up amendments from select committee. Government proposes further amendments. Introduced Nov 2011, first reading July 2012, select committee reported back July 2013. Began its second reading on July 24 after a long delay with Commerce Minister Craig Foss saying he is satisfied the bill now has the right balance in dealing with behaviour which is “truly culpable” and not “legitimate collaborative purpose”. Sets up a process for companies to seek guidance on current practices from the Commerce Commission. Changes to bring shipping under general competition law remain in place. Completed its second reading on November 27 2014 with general support. On December 8, 2015 the Government indicated it would bring in amendments in the committee stage to delete provisions criminalising cartel behaviour. Commerce Minister Paul Goldsmith said he was concerned criminalisation would have a chilling effect on positive collaborative arrangements. Strong civil sanctions would remain as would the proposed clearance regime to allow competitors to seek guidance. He said ACT and United Future had indicated support. Bill the subject of intense lobbying from shipping sector and some exporters who fear the bill will prevent flexibility in vessel sharing arrangements and require too much bureaucratic oversight.  After many years of internal debate the Committee stage was held on August 2. The Govt finally decided to not criminalize cartel behaviour. Due to this NZ First and the Greens opposed the Bill progressing. Labour was supportive of criminalization, but said they supported the wider thrust of the Bill. Ministers indicated they were still working on giving the Commerce Commission more powers to hold market studies. A number of amendments were made around the various tests on behaviour and collaboration with the Govt arguing it had the balance right between beneficial co-operation and preventing cartel behaviour. Third reading completed on August 10 with the Greens and NZ First opposed.

Commerce (Cartels and Other Matters) Amendment Bill