12th Annual Competition Law and Regulatory Review

About

The Competition Law and Regulatory Review Conference has been moved from February to May.
With a new and improved agenda, this event will address the most current developments in New Zealand’s competition law, while providing case studies and industry insights. 

With Hon Craig Foss confirmed to open the conference with a Ministerial address, learn of the future of competition law in New Zealand. Plus, examine the latest progress in regulatory reform and how legislation changes may impact industry competition.

  • Receive an update by the Commerce Commission on recent litigation and applications
  • Examine potential implications of the Commerce (Cartels and Other Matters) Bill and the Consumer Law Reform Bill on New Zealand industries
  • Gain a better understanding of the Metcash case and the recent air cargo decision
  • Explore case studies from industry representatives
  • Interact with industry professionals on the most recent competition affairs

Examine the impact of competition law on different industries with representatives from Fonterra, Vodafone, and the Electricity Authority. 

Plus, register before 5pm, 16 April 2012 to save up to $300 with our Early-Bird special; register two people from the same organisation at the same time and the second ticket will be half price.

Agenda

Agenda: Day 1

9.00

Opening remarks from the Chair

Jean-Pierre de Raad, Chief Executive, NZIER

9.10

Ministerial address: The future of New Zealand competition law

With the recent introduction of the Consumer Law Reform Bill and the newly proposed Commerce (Cartels and Other Matters) Bill in 2011, competition law has been subject to much regulatory review. Uncover how it will look in the future, considering factors such as:
• Trans-Tasman harmonisation
• Plans for further regulatory reform

Hon Craig Foss, Minister of Commerce and Broadcasting

9.40

Keynote address: An update from the Commerce Commission

Providing its annual update, receive insight into the Commerce Commission’s latest developments in competition and regulatory law in New Zealand.
• The Commission’s current work programmes
• Recent developments in enforcement activities
• The impact of recent litigation and review

Dr Mark Berry, Chair, Commerce Commission

10.30

Morning break & refreshments

10.50

The Commerce (Cartels and Other Matters) Bill

Having received publicity for proposing jail-time for cartel members, this Bill introduced to Parliament in late 2011 also makes a number of other significant changes to the Commerce Act. Examine the finer points of the Bill including:
• Defining cartel conduct and the impact of criminalisation
• Exceptions to cartel conduct including collaborative activities, vertical supply contracts and joint buying and promotion agreements
• The new clearance process for collaborative activities
• Changes to the extraterritorial application of the Act

Anne Callinan, Partner & Head of Litigation and
James Craig, Partner, Simpson Grierson

11.50

The Consumer Law Reform Bill

Introduced to Parliament in April 2011 to modernise consumer law in New Zealand and achieve alignment with Australian consumer law, discuss the proposed law changes and how businesses can respond to them.
• Primary objectives of the Bill
• Changes to the Fair Trading Act
• Gas and Electricity and the Consumer Guarantees Act

Oliver Meech, Senior Associate, Minter Ellison Rudd Watts

12.40

Lunch break

1.30

Productivity Commission: Reflections on competition law aspects of international freight transport

The Productivity Commission’s recent inquiry into international freight transport exposed issues around the international shipping lines’ exemption from competition law. The presentation will focus on how this exemption, its possible removal, and other topics raised in the inquiry impact on competition, productivity and efficiency in New Zealand’s international freight services.

Dave Heatley, Senior Advisor / Acting Inquiry Director, New Zealand Productivity Commission

2.20

Enforcing the Air Cargo decision (Part 1): A new “effects test” for New Zealand?

The High Court recently ruled for the Commerce Commission to proceed with its air cargo price fixing case. While the case is ongoing, review the considerations of the Part 1 judgment including:
• What constitutes a market “wholly or partly” in New Zealand?
• Potential changes to the jurisdictional reach of the Commerce Act in light of Poynter
• Implications of the proposed criminalisation of cartel conduct

Sarah Keene, Partner, Russell McVeagh

3.10

Afternoon break & refreshments

3.30

A difference of opinion: What the Metcash case means for mergers in New Zealand

The recent decision of the Federal Court of Australia in the MetCash case suggests a different process to the merger approval test under Australasian competition law. Review the impact of this decision if followed in New Zealand, and consider the impact on the Commerce Commission in opposing mergers.
• Assessing whether a merger substantially lessens competition under section 47 of the Commerce Act
• Applying a counterfactual test
• How likely must a counterfactual scenario be to assess the merger against it?
• Comparing the Warehouse case with the MetCash decision

John Land, Partner, Kensington Swan

4.10

Authorisation: Renaissance masterpiece or instrument of the recession?

Whether for restrictive trade practices, mergers or both combined, authorisation is a process that has been used infrequently and with mixed results. While the authorisation process has historically been criticised, recent events including judicial endorsement and recessionary market conditions have combined to make the process more appealing, raising some new questions:
• Does Cavalier provide clarity or has the Court been cavalier itself?
• What does it mean when the Commission declines jurisdiction?
• Will the proposed cartel clearance regime diminish the new popularity?
• Can the process be made more appealing?

Grant David, Consultant, Chapman Tripp
Larissa Barbour, Solicitor, Chapman Tripp

4.50

Summary remarks from the Chair

5.00

Networking drinks

Agenda: Day 2

9.00

Welcome back from the Chair

John Yeabsley, Senior Fellow, New ZealandIER

9.05

Competitive neutrality: The implications of the complaint against NBNCO for UFB – a New Zealand perspective

On 8 December 2011 the Australian Government’s Competitive Neutrality Complaints Office found that NBN Co was in potential ex ante breach of competitive neutrality requirements. Although New Zealand doesn’t have a comparable competitive neutrality regime, there are similarities in the competitive dynamic that the respective governments hope to achieve with the NBN and UFB Initiative.
• Elements of the complaint against NBNCO and the AGNCO’s findings
• Select comparisons between NBN and arrangements for implementing UFBI
• Open access and competitive outcomes
• Opportunities for New Zealand

Sasha Daniels, Corporate Counsel Competition & Regulatory, Telecom NZ

9.55

Investing in advocacy and awareness of competition law: Why are we doing it?

As a means for promoting competitive conduct in New Zealand markets, the Commerce Act aims to boost the economy and improve New Zealand’s ability to compete overseas. Discuss the Commerce Commission’s approach to achieving compliance with competition law, with a focus on advocacy and outreach.
• The purpose of the Act for New Zealand industries
• The effectiveness of enforcement in promoting competition
• Drivers for business compliance and working towards awareness

Kate Morrison, General Manager Competition Branch, Commerce Commission

10.45

Morning break & refreshments

11.05

Case Study: The milk price inquiry

With allegations that Fonterra is using its dominant market position to drive up the price of milk, the Commerce Commission recently undertook a milk price review. Finding no basis for a wider inquiry, the Commerce Select Committee has decided to hold an independent inquiry about the effectiveness of the dairy market. Hear from Fonterra with their perspective on this issue.
• The review of Fonterra’s raw-milk price-setting policies
• The current regulatory framework across the milk industry and its efficiency in promoting domestic competition

Mike Cronin, Senior Legal Corporate Counsel, Fonterra

11.50

Aligning regulatory power and incentives: The Electricity Authority’s approach

• Examine the Authority’s initial steps to build a robust foundation for the governance and regulation of the electricity industry, including balancing its clear statutory objectives
• Comparing the Authority’s powers and functions with the Electricity Commission
• Principles for governance and regulatory decision-making
• Supporting policy framework with advisory groups, security and reliability council, and proactive market monitoring

Carl Hansen, CEO and
Dr Brent Layton, Chair, Electricity Authority

12.40

Lunch break

1.30

Telecommunications Market: Mobile investment and the role of the regulator

To support ongoing investment and ensure that the benefits of new mobile technologies are realised, a balance must be struck between necessary investment conditions and regulation. Reviewing recent investment initiatives such as the Digital Dividend spectrum, the government’s Rural Broadband Initiative, and the acceleration from fixed to mobile technologies, consider best practice regulatory principles:
• Future monitoring and reviews
• Regulation versus self regulation
• Lessons for other sectors

Chris Abbott, GM Public Policy, Vodafone

2.10

Australasian limits on information exchange

The Australian Parliament recently introduced the Competition and Consumer Amendment Bill, expected to be passed in 2012. While information exchange isn’t explicitly illegal in New Zealand, examine the finer points of the Competition and Consumer Amendment Bill and how it may impact New Zealand’s legal environment.
• The impact of making private disclosure to competitors illegal
• New Zealand’s current law on pricing and output conversations with competitors

Neil Anderson, Partner, Chapman Tripp
Helen Townley, Solicitor, Chapman Tripp

2.50

Input Methodologies: Litigation and developments

Review the latest developments in the Commission’s work on input methodologies under Part 4 of the Commerce Act, including the results of recent judicial reviews of the Commerce Commission. Consider also whether input methodologies are promoting the purpose of Part 4:
• Update on latest Commerce Commission input methodologies
• Recent judicial review rulings and their impact
• Do input methodologies promote certainty and the purpose of Part 4?

Nick Crang, Special Counsel, Buddle Findlay

3.40

Closing remarks from the Chair and end of conference

Sponsors/Partners

Interested in sponsorship?

There are some exclusive opportunities to promote your company, and its products and services, at this leading event. Contact the sponsorship team below to request a prospectus or discuss the options, or view more about event sponsorship.

2nd delegate half price applies to this event:
Register two from your organisation at the same time, and the second person receives 50% off.

DatesLocationEarly bird priceStandard price 
28 - 29 MayInterContinental, WellingtonNot available$2295 + GSTRegister