The Abolition of the Group Boycott Prohibition from New Zealand Competition Law
Competition and Consumer Law Journal, (2015) Vol 23, No 1, pp 78-100
23 Pages Posted: 18 Jul 2015 Last revised: 8 Jun 2016
Date Written: July 17, 2015
New Zealand competition law’s per se prohibition upon group boycotts (contracts, arrangements or understandings containing an exclusionary provision), s 29 of the Commerce Act 1986, is destined for the scrap heap. Proponents of its repeal contend that its infrequent use and attenuated reach means its absence will not be missed, that hitherto s 29 has had a damaging chilling effect upon commercial activity and that the apparent ability of other provisions in the Act (especially the enhanced cartel offence) to fill the vacuum will assuage any lingering concerns.
The article finds these justifications wanting and concludes that the preservation of the group boycott ban is warranted.
Keywords: Group boycotts, competition law, antitrust, exclusionary contracts, New Zealand
JEL Classification: K21, L41
Suggested Citation: Suggested Citation