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

See all articles by Rex Ahdar

Rex Ahdar

University of Otago - Faculty of Law; University of Notre Dame Australia - University of Notre Dame Australia, School of Law, Students

Date Written: July 17, 2015

Abstract

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

Ahdar, Rex, The Abolition of the Group Boycott Prohibition from New Zealand Competition Law (July 17, 2015). Competition and Consumer Law Journal, (2015) Vol 23, No 1, pp 78-100, Available at SSRN: https://ssrn.com/abstract=2632029

Rex Ahdar (Contact Author)

University of Otago - Faculty of Law ( email )

P.O. Box 56
Dunedin, Otago 9010
New Zealand

University of Notre Dame Australia - University of Notre Dame Australia, School of Law, Students ( email )

Sydney Campus
New South Wales
Australia

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