The Role of Antitrust in a Small Open Economy: The Commerce Act in New Zealand

This paper reviews the New Zealand antitrust regime represented by the Commerce Act 1986. The context is a rapidly liberalising, small open economy with light-handed regulation. New Zealand antitrust draws on recent US microeconomics for its underlying economic principles, but more on the Australian Trade Practices Act for its legal framework. The influences of these and other countries on the operation of New Zealand antitrust are traced through precedent and an analysis of major cases. Increasingly interpretations have differed from those in Australia, with more weight being put on the promotion of efficiency and less on traditional competition objectives.