Competition and trade enforcement is increasing in New Zealand and overseas, with regulators taking a harder line on anti‑competitive and unfair business practices. Businesses involved in mergers, acquisitions or joint ventures can face investigation or delay from the New Zealand Commerce Commission if competition issues are not addressed early.

Our competition and trade team helps businesses across a wide range of sectors to manage competition risk and make confident strategic decisions. We advise on both contentious and non‑contentious matters, including merger control, joint ventures, investigations and enforcement action, as well as competition‑compliance programmes and distribution and supply arrangements.

We take a whole‑of‑business approach, working closely with boards and management to align legal strategy with commercial objectives and reputational considerations. This allows us to identify issues early, respond quickly to regulator interest, and structure transactions and contracts to achieve the best available outcome.

On 16 August 2022, a new prohibition on “unconscionable conduct” in trade came into force, alongside changes to unfair contract terms rules. These changes have significant implications for businesses using standard‑form contracts, particularly in dealings with smaller or less powerful counterparties.

We have developed a practical guide to help businesses assess whether their contracts may breach the new unconscionable conduct rules and related Fair Trading Act obligations. 

You can find out more about the changes here or use our interactive guide below to review your contracts and identify areas that may need updating.

Areas of expertise:

Competition and Regulation
Competition Law Disputes
Compliance
Consumer Law
Mergers and Acquisitions