Competition law in New Zealand

Bell Gully

‘Recognised as one of New Zealand’s leading competition law practitioners’, Bell Gully advises clients on the full range of competition law, from mergers requiring formal clearance applications to those that do not. The firm is also well-versed in supporting clients through cartel investigations and abuse of market power proceedings. Torrin Crowther leads the team, which includes Glenn Shewan, an expert in merger control and cartels, and Penny Pasley, who is noted within the team for advising on collaborative activities and restrictive trade practices. Sam Hiebendaal was made partner in January 2024. Jenny Stevens left to pursue a career at the Bar at the end of November 2023.

Responsables de la pratique:

Torrin Crowther


Autres avocats clés:

Glenn Shewan; Penny Pasley; Emma Harris; Sam Hiebendaal


Les références

‘Highly experienced in complex competition law matters. The team is very smart and easy to work with.’

‘Glenn Shewan and Emma Harris are both top quality and are my go-to New Zealand competition counsel. Torrin Crowther is also excellent.’

‘The Bell Gully team is recognised as one of New Zealand’s leading competition law practitioners, with a distinguished track record of delivering clear, practical and pragmatic advice in relation to complex legal challenges.’

Principaux clients

Fletcher Building


One NZ


ASB Bank


Air New Zealand


Todd Corporation


Downer


Lineage Logistics New Zealand


Contact Energy


Goodman Fielder


ANZ


Clarus


inMusic Brands


Principaux dossiers


  • Advising One NZ on its proposed acquisition of the shares in Dense Air New Zealand, which owns a substantial amount of radio spectrum in the 2600MHz band.
  • Advising ASB Bank on the Commerce Commission’s market study into personal banking services.
  • Advised Inghams Enterprises (NZ) Pty Limited (Inghams) on its acquisition of the assets of the Cobb Commercial and Riverland businesses of Bromley Park Hatcheries Limited.

Chapman Tripp

Led by Lucy Cooper, the ‘outstanding’ team at Chapman Tripp advises clients on merger clearance, abuse of market, cartel activity, and economic regulation matters. The firm offers further specialist support in Commerce Commission investigations and competition litigation. It advises clients across a range of industries, with particular experience in the telecoms sector. Within the team, Matt Sumpter is an expert in investigations, acquisitions, and market studies. Simon Peart advises on merger clearances and misuse of market power compliance, while Sophie Harker focuses on the telecoms and electricity sectors.

Responsables de la pratique:

Lucy Cooper


Autres avocats clés:

Matt Sumpter; Simon Peart; Sophie Harker; George Spittle


Les références

‘The Competition Team lead by Lucy Cooper is outstanding. They have navigated us through an extremely complex and unique merger with challenging competition law issues.’

‘They have worked tirelessly, professionally and to the highest standard.’

‘Lucy Cooper is an outstanding competition lawyer. Her knowledge is second to none but her identification of issues and persuasive solutions are what stands out.’

Principaux clients

Chorus New Zealand


Connexa Limited


Foodstuffs North Island Limited


Independent Fisheries Limited


Christchurch International Airport Limited


Wellington International Airport Limited


Bunge Limited


Firstgas Limited


Powerco Limited


Vector Limited


TAB New Zealand


Waterman Capital Limited


Principaux dossiers


MinterEllisonRuddWatts

MinterEllisonRuddWatts provides domestic and cross-border support to its clients on mergers and licensing arrangements. In addition, the firm regularly handles issues across the spectrum of competition law, including advising on M&A transactions, anti-competitive conduct investigations, and consumer protection. The team is led by Jennifer Hambleton, a specialist in merger clearances, enforcement actions, and disputes. Ross Patterson is noted within the team as an expert on telecoms matters, and April Payne advises clients on Commerce Commission investigations.

Responsables de la pratique:

Jennifer Hambleton


Autres avocats clés:

Ross Patterson; April Payne


Les références

‘This team is without peer in New Zealand when it comes to their experience, knowledge and confidence in dealing with market, including telecommunications competition matters.’

‘Each team member is supportive and responsive, and makes the effort to understand clients’ priorities and strategic objectives.’

‘Dr Ross Patterson is a stand out in his field. He instills confidence and support for our strategies, and prepares us well for meetings with key stakeholders at board and regulatory level.’

Principaux clients

Tourism Holdings Limited


L’Oreal Group


AlphaTheta Corporation


NZ Bus


viagogo


Assa Abloy Australia Pty Limited


Action Manufacturing


Westpac


Tatua


ASB


Principaux dossiers


  • Acting for AlphaTheta Corporation in relation to their proposed acquisition of New Zealand-based Serato Audio Research Limited.
  • Acting for ACM Holdings, a leading cash in transit service provider, in relation to its sale to Evergreen.
  • Acting for viagogo AG in relation to long-standing proceedings brought by the NZ Commerce Commission.

Russell McVeagh

Russell McVeagh frequently acts on merger clearance applications before the Commerce Commission and is well-versed in advising clients on the Commission’s market studies and investigations. The firm further assists clients with structuring joint ventures and with first instance and appellate litigation. Troy Pilkington oversees the practice and is highly experienced in the grocery and media industries. Bradley Aburn is seasoned in investigations, market studies, and merger control approvals. Petra Carey brings her experience on UK and European competition matters to the team.

Responsables de la pratique:

Troy Pilkington


Autres avocats clés:

Bradley Aburn; Petra Carey


Les références

‘Very strong competition/regulatory team with real depth and expertise across all industries.’

‘Troy Pilkington has great depth and insight with very good client skill.’

‘Bradley Aburn works very hard to achieve client goals with great industry understanding.’

Principaux clients

Westpac New Zealand Limited


Woolworths New Zealand Limited


Bostock Group


Meridian Energy Limited


Sanford Limited


Ballance Agri-Nutrients Limited


Spark New Zealand Limited


National Australia Bank


Principaux dossiers


  • Advising Woolworths New Zealand Limited on responding to the New Zealand Commerce Commission’s 2020 to 2022 market study into the retail grocery sector in New Zealand, and subsequent law reforms and ongoing regulatory activities.
  • Advising Meridian Energy Limited on its proposal to build the world’s largest green hydrogen plant in Southland (Southern Green Hydrogen Project).
  • Advising National Australia Bank Limited on the proposed transaction under which NAB and Jarden Wealth have agreed to combine their New Zealand wealth advice and asset management businesses into a newly formed entity, FirstCape.

Buddle Findlay

Buddle Findlay advises regulatory authorities and private organisations across a wide array of industries, including consumer goods, education, energy, health, and telecoms. The firm assists clients with applications to the Commerce Commission, whether for acquisition clearance or joint ventures. Susie Kilty, who is experienced in class actions and investigations, leads the team. Having ‘an exceptional knowledge of the tertiary education system’, Tony Dellow is well-versed in providing compliance advice to clients. Anna Parker is also noted for her work on cartel investigations.

Responsables de la pratique:

Susie Kilty


Autres avocats clés:

Tony Dellow; Anna Parker


Les références

‘Buddle Findlay continues to provide excellent legal service across the many and varied areas of law that affect both the strategic and operational activities of the tertiary education sector.’

‘The Buddle Findlay team unfailingly provides accurate, timely and practical advice.’

‘Buddle Findlay provides exceptional advice on competition law. Their advice is always well considered and informative, and focused on a practical solution to the problem in relation to which the advice is being sought.’

Principaux clients

Payments New Zealand


Ngāi Tahu Tourism Limited


Infant Nutrition Council


Toyota New Zealand


Strand


The Farmers Trading Company


Infratil Limited


Contact Energy


CRV Limited


Ministry of Business, Innovation and Employment


Ministry of Health


Health New Zealand Te Whatu Ora


Tertiary Education Commission


Zespri International


Zoetis New Zealand


Canterbury Industrial Scrubbing Limited


Principaux dossiers


  • Advised the Infant Nutrition Council on its successful application for Commerce Commission authorisation for its members to restrict their advertising and marketing of formula products.
  • Advising Payments NZ on its application for Commerce Commission authorisation to work with API providers and third parties to develop arrangements to facilitate a more well-utilised, secure, and innovative open banking framework in New Zealand.
  • Advised Ngāi Tahu Tourism, one of the largest tourism operators in New Zealand, on its application for clearance from the Commerce Commission for its proposed acquisition of the tourism jet boating business trading as “Kjet” and related assets.

DLA Piper New Zealand

DLA Piper New Zealand draws on expertise from multiple jurisdictions to assist clients with competition matters raising cross-border issues. The firm advises on market studies and investigations brought by the Commerce Commission and merger clearances, as well as general competition issues. Leading the team, Mark Williamson is expert in the FMCG sector, including related market study assistance. Joining in July 2023 from Chapman Tripp, Daniel Street assists clients in investigations and civil penalty proceedings. Alicia Murray left the firm in January 2024.

Responsables de la pratique:

Mark Williamson


Autres avocats clés:

Daniel Street


Les références

‘Deep knowledge of the business, feel like an extension of our team, ability to see beyond technical requirements of the law.’

‘Mark Williamson has deep knowledge, a broad range of expertise and very responsive.’

‘The team are experts in competition law issues facing co-operatives.’

Principaux clients

Foodstuffs North Island Limited


PB Technologies


Warner Bros. Discovery


Ixom


Auckland Council


Nelson City Council


Kingspan


Rheem


Mitre 10


Contact Energy


Principaux dossiers


  • Advising on the proposed merger of Foodstuffs North Island and Foodstuffs South Island.
  • Advising Foodstuffs North Island on the introduction and implementation of the Grocery Code.
  • Advised Kingspan Group plc on its successful clearance application and acquisition of the business and assets of Conqueror New Zealand.

Matthews Law

A specialist firm in competition law, Matthews Law’s team ‘are the go-to experts in their field’, advising on multi-jurisdictional merger control and cartel activity matters. The firm is well-versed in supporting clients in the grocery and electricity sectors. With experience working in the UK, practice head Andrew Matthews has expertise in investigations, merger clearances, and regulatory matters. Fellow practice head Alicia Murray, who joined in January 2024 from DLA Piper New Zealand, specialises in cartel enforcement.

Responsables de la pratique:

Andrew Matthews; Alicia Murray


Les références

‘The Matthews Law team are the go-to experts in their field.’

‘Matthews Law is a specialist competition and regulatory firm that consistently punches above its weight.’

‘Clients get the benefit of direct access to highly experienced partners without some of the ‘red tap’ that can come with dealing with a traditional big firm.’

Principaux clients

Evergreen


Armourguard Security


New Zealand Food and Grocery Council


Two Degrees


Sony


Seeka


Fulton Hogan


Briscoe Group


Green Cross Health


NGB


Lyttleton Port Company


Teva Pharma


IATA


Auckland Orthopaedics Limited


Real Estate Institute of New Zealand


Realestate.co.nz


Medical Technology Association of New Zealand


Avient Switzerland GmbH


Moana New Zealand


Principaux dossiers


  • Advising Evergreen Holdings on its clearance application to acquire 100% of the shares in ACM New Zealand Ltd.
  • Advised Moana New Zealand on its proposed acquisition of fishing quota and related fishery assets from Sanford.
  • Advising NZFGC on the merger clearance application made by Foodstuffs North Island and Foodstuffs South Island, and ongoing competition matters under the Grocery Industry Competition Act 2023.

Simpson Grierson

The team at Simpson Grierson supports clients in both contentious and non-contentious contexts, such as investigations, litigation, M&A antitrust analysis, and market study support. The firm’s industry expertise includes banking, energy, health, TMT, construction, and retail. The practice is spearheaded by James Craig, an expert in restrictive trade practices, and Nina Blomfield, who aids clients with domestic and international transaction clearance applications. Henry King adds further insight into M&A matters.

Responsables de la pratique:

James Craig; Nina Blomfield


Autres avocats clés:

Elsie Stone; Henry King


Les références

‘They are our go-to, preferred external advisors on both strategic and BAU legal matters.’

‘James Craig is an industry stalwart who has seen it all. He has an excellent relationship with the regulator and is unflappable. James has an excellent communication style and we feel comfortable “sending him out to bat” for us.’

‘Henry King is a safe pair of hands with good strategic insights.’

Principaux clients

Livestock Improvement Corporation


OMV New Zealand limited


The a2 Milk Corporation


Matariki Forests Limited


BP Oil New Zealand Limited


ISO


Macquarie Asset Management


Voyage Digital


Two Degrees Mobile Limited


Bayer


Graymont


Sony Music Entertainment New Zealand Limited


Principaux dossiers


  • Acted for Macquarie Asset Management and Two Degrees Network Limited in relation to the successful clearance application by Connexa Limited to acquire all of Two Degrees Network Limited’s passive mobile infrastructure assets.

Webb Henderson

With ‘an excellent partner offering’, Webb Henderson provides specialist expertise on competition law within the TMT sector. The firm is well-versed in corporate M&A matters as well as Commerce Commission investigations. Sarah Keene heads the team in Auckland and focuses on contentious competition matter assistance. Jordon Cox specialises in cartel conduct and misuse of market power advice.

Responsables de la pratique:

Sarah Keene


Autres avocats clés:

Jordan Cox


Les références

‘It’s small size enables the teams to move swiftly to meet client needs.’

‘Webb Henderson has an excellent partner offering.’

‘Sarah Keene is an acknowledged expert in the New Zealand market in her field. She has a loyal client base and gets results.’

Principaux clients

Fonterra Co-operative Group Limited


Southern Cross Healthcare Limited


Spark New Zealand Limited


Allegro Funds Pty Limited


Schneider Electric


Genesis Energy


Tegel Limited


The Warehouse Group


Giltrap Group


Qantas Airways Limited


Envirowaste Services Limited


Turners & Growers


Gull NZ


Qube Logistics (NZ) Limited


Alderson Logistics Limited


Principaux dossiers


  • Advised Australian private equity firm, Pacific Equity Partners, on its involvement in the merging of Jarden and NAB’s wealth management businesses to create First Cape.
  • Advised New Zealand’s largest electricity lines business, Vector, on the competition law aspects of its disposal of its natural gas trading business to a major vertically integrated competitor, Todd Energy.
  • Assisting The Warehouse Group, the national retailer attempting to disrupt New Zealand’s incumbent retail grocery supply duopoly, with engaging with the NZCC after an Australasian breakfast food manufacturer abruptly discontinued supply of a New Zealand staple grocery item, dubbed “Weet Bix-gate” by the media.

Wilson Harle

Wilson Harle is a specialist litigation firm seasoned in disputes surrounding competition law, including cartel, fair trading, and consumer law. The firm advises clients on investigations, clearance applications and proceedings for clients in the products, construction, energy, IT, and media industries. The team is led by Ian Denton, who is experienced in misuse of market power proceedings. Felicity Monteiro is also noted within the team, advising on fair trading and consumer protection matters.

Responsables de la pratique:

Ian Denton


Autres avocats clés:

Felicity Monteiro


Principaux clients

Wilson Parking New Zealand


Winton Land Limited


Principaux dossiers


  • Acting for Winton Land Ltd, a listed property developer, in proceedings under s36 of the Commerce Act against Kāinga Ora – Homes and Communities, a Crown Entity.