Competition Law & Regulatory Review

About

Now in its 11th year, the highly successful Competition Law & Regulatory Review conference by Bright*Star will cover crucial issues for New Zealand business advisors and regulators on how to manage competition to ensure efficiency in a recovering market.

Attend this event to ensure you have the opportunity to analyse, review, discuss, and pose your questions to industry experts and debate them with your peers. In the past this event has attracted senior delegation from across a range of businesses, and the NZ regulatory landscape, and we expect no different this year. Key issues that will be discussed at the 2011 conference:

• Crucial update by the Commerce Commission and its approach to recent changes
• Government’s UFB initiative – expected outcomes, pricing & competition challenges
• Regulatory framework and review of existing regulation for efficient markets
• A model for co-regulation – innovative governance arrangements

Don’t miss this opportunity to network with senior representatives from the Government, power, finance, airlines, energy, telecommunications and other major industries.

Many of our speakers will discuss the key challenge of balancing competition and regulation. Gain different perspectives from Hon Lianne Dalziel, Roger Kerr and Ralph Chivers of Telecom.

The event also features an international perspective and analysis of recent regulation of proposed airline alliances.

This is THE conference on all matters related to competition and regulation!

Agenda

Agenda: Day 1

8.30

Registration & Coffee

9.00

Opening remarks from the Chair

Johannah Branson, Senior Economist, NZIER

9.10

Keynote Commerce Commission Address and an Update on the Commission’s Activities

The Deputy Chair will provide the Commerce Commission’s annual update on competition law and regulation in New Zealand. The presentation will discuss the Commission’s current work programme, focussing on some key areas of work, and provide an update on how the Commission is adapting its approach to address changes in the external environment.

Susan Begg, Deputy Chair, COMMERCE COMMISSION

10.00

Reviewing Existing Regulation for Balancing Competition and Regulation in NZ

Roger Kerr will address the current scenario for balancing competition and regulation in New Zealand. What are the key areas for improvement? What progress has been made, and how has this impacted the NZ business industry?
• A look at the 2009 Government Statement on Regulation
• The 2025 Taskforce, Competition & Regulation
• NZ business organisations’ views on Competition Law & Regulation
• Status of the Regulatory Responsibility Act and principles in the proposed Act

Roger Kerr, Executive Director, NZ BUSINESS ROUNDTABLE

10.50

Morning tea

11.10

Managing the Trade-Off between Investment and Competition – A Journey Through Two Decades of Telecommunications Policy Reform

New Zealand has had an interesting history of policy development in telecommunications that has spanned more than two decades and four major policy interventions. This session will examine the tension between promoting investment and promoting competition in a journey starting with the NZ Post Office’s state protected monopoly, and concludes with the present day, government-funded, open access fibre-optic network. Through that journey Ralph will explore the intended effects of each of the policy interventions and delve into the impact that each has had on the industry investment and competition dynamics.

Ralph Chivers, General Manager Government Relations, TELECOM

Speaker has declined permission for his material to be online

12.00

Developments in M&A Regulation

This session covers developments in regulation impacting on Mergers and Acquisition in New Zealand, including clearance applications under the Commerce Act, approvals under the Overseas Investment Act and compliance with the Takeovers Code. Recent developments include the new divestment guidelines published by the Commerce Commission, a declaratory judgment sought regarding an OIA application for the acquisition of Crafar Farms, and legislative amendments impacting on amalgamations and schemes of arrangement when used as an alternative to a takeover. Providing guidance on the best approach to an M&A transaction, this session offers practical suggestions to help clear the regulatory to avoid impacts on the commercial objective of an acquisition, or its timing.

Melissa Pengelly, Senior Lawyer, QUIGG PARTNERS
David Quigg, Partner, QUIGG PARTNERS
John Horner, Partner, QUIGG PARTNERS

12.50

Lunch

1.50

Case Study: Misuse Of Market Power – Section 36: How the Telecom 0867 Case Has Clarified the Law

The Supreme Court decision in Commerce Commission v Telecom (the 0867 case) clarifies the test for misuse of market power under the Commerce Act. This session will answer the question - does the Supreme Court decision introduce a lower threshold for breach of section 36? The Supreme Court accepted that there would be liability under the section where it could be shown that a firm would not have acted in the same way in a competitive market, and also indicated liability where market power had ‘caused, enabled or facilitated’ the conduct in question. John will explore what this new test means for firms with market power, and for customers or competitors affected by the actions of such firms. How will the Courts now assess actions by a firm with market power which:
• Refuses to supply a competitor, or to grant access to infrastructure
• Allows supply or access but at an excessive price or on onerous terms
• Engages in exclusive dealing
• Prices below cost adversely affecting other competitors
• Requires customers purchasing products/services to purchase other products/services
• Engages in aggressive actions likely to adversely affect competitors

John Land, Partner, KENSINGTON SWAN

2.40

Input Methodologies Decision: Merits of Use

Introduced as part of the new regulatory regime, Input Methodologies form the building block on which the Commerce Commission will make relevant decisions regarding regulated industries such as electricity, gas, airports etc. So, have Input Methodologies achieved their policy objective, and what can we learn for the future?
• Have they achieved their purpose?
• How can the process be improved?

David Blacktop, Senior Associate, BELL GULLY

3.30

Afternoon Break & Refreshments

3.50

International Keynote: A Look Across The Ditch: How Is Australia Balancing Competition and Regulation?

What are the latest developments affecting competition law in Australia and are they managing to reduce regulatory burden? Delving into issues to examine competition and regulation in Australia, this session will encourage participation from the audience to compare, discuss and pave the way ahead for what can be improved to achieve a good balance between competition and regulation in Australia and New Zealand. Case studies will include an examination of how airline alliances have been treated in Australia and New Zealand, including the Air NZ and Virgin Blue alliance.

Simon Snow, Partner, GILBERT + TOBIN

4.45

Minimising Cartel Risks in Your Market and Trade Association

Detecting and acting to deter cartel activity has remained one of the highest priorities of the Commerce Commission. This session will examine how to identify and minimise cartel risks within your market and trade associations.
• How does the Commission identify cartel behaviour? Know your cartel red flags
• Identifying industry structures and commercial activities that create cartels
• Risk management procedures to prevent fraudulent behaviour
• Designing a cartel audit to identify high risk conduct

Michael Wigley, Principal, WIGLEY & COMPANY

5.30

End of Day One & Networking Drinks

Agenda: Day 2

9.00

Opening Remarks from the Chair

Dr John Yeabsley, Senior Fellow, NEW ZEALAND INSTITUTE OF ECONOMIC RESEARCH

9.10

Keynote Address: Regulatory Responsibilities and Best Practice Regulatory Reform

Continuing with the focus on balancing competition and regulation, this session will address the responsibilities and best practice for regulatory reforms from a regulator’s perspective.
• Implementing regulation effectively and efficiently
• Quality regulatory analysis for effective decision making
• International comparisons from UK & Australia

Hon Lianne Dalziel, MP LABOUR PARTY

Link to Lianne's speech http://labour.org.nz/news/keynote-speech-competition-law-regulatory-review-conference-wellington

10.00

Case Study: Co-Regulation in the Gas Sector – Five Years On

In 2004, the Government amended the Gas Act to give effect to a co-regulatory model for the regulation of the gas sector. Co-regulation involves the industry and government sharing responsibility for the regulation of the sector. The amendments granted the industry body power to make recommendations to Government for regulations on a wide range of matters affecting the wholesaling, processing, transmission, distribution, and retailing of gas. The industry body is also involved in a review of the effectiveness of the approved regulations and their administration. Christine Southey, the former Chief Executive of the Gas Industry Co., will discuss this innovative governance arrangement with particular focus on the following questions:
• How does co-regulation work?
• Has it been successful?
• How can it be improved?
• Is this a model for other industries?

Christine Southey, Former Chief Executive, GAS INDUSTRY CO; & Director, LAW + PROJECTS LTD

10.45

Morning Break and Refreshments

11.00

Case Study: Self-Regulation vs. Government Regulation for Positive Business Growth Environment

The regulatory burden in New Zealand is said to be largely responsible for holding back business as well as economic growth. The number of regulations imposed by governments and government departments can increase at an alarming rate. Using case studies, this session will highlight the advantages of self-regulation and address the issues to be managed for effective management of same for a positive business and growth environment.
• Review of regulations in place
• When to regulate?

Phil O’Reilly, Chief Executive Officer, BUSINESS NZ

11.45

Effective Interaction with the Commerce Commission

The Commission investigates alleged breaches of the Commerce Act brought to its notice by the public, competitors and through its own market surveillance. Kate Morrison will address the Commerce Commission’s initiatives to improve interactions with businesses and their advisors and provide clear guidance in areas including:
• What is crucial for the Commission when approaching a company for investigation
• How to effectively manage communication throughout the investigation process
• Major lapses by organisations on finding they are the subject of an investigation

Kate Morrison, General Manager, COMMERCE COMMISSION

12.30

Lunch

1.30

Predatory Pricing and Price or Margin Squeezes Following 0867

Comments by the Commerce Commission at the time it appealed the 0867 decision from the Court of Appeal to the Supreme Court indicated that, in a predatory pricing context at least, the Commission may have viewed the Privy Council’s approach in the 2004 Carter Holt decision as appropriate. Now that the Supreme Court has confirmed that approach (albeit with certain nuances) this session will look at the current state of the New Zealand law on these issues in the light of alternative approaches and recent developments in Australia, the US and Europe.

Jason Woolley, Partner, DLA PHILLIPS FOX

2.20

Reducing the Regulatory Burden in Telecommunications

Dr Ross Patterson, Telecommunications Commissioner, COMMERCE COMMISSION

3.10

Afternoon Break & Refreshments

3.30

Government’s Ultra-fast Broadband Initiative – A Service Provider’s Perspective

• What risks arise in the current structure?
• What is the role of the Commerce Commission as the economic regulator?
• How does this compare with the approach in other jurisdictions including Australia?

Liesbeth Koomen, Head of Government Affairs Regulatory & Ultra Fast Broadband, TELSTRACLEAR

4.15

Consumer Laws and Reforms – Policy and Practical Implications

This session will examine recently proposed changes to consumer protection legislation, their policy underpinnings and likely practical effects. Anna Rawlings will provide an overview of the review process to date and discuss potential implications for suppliers of consumer goods and services including:
• What areas are the reforms focused upon?
• What has been the reaction of stakeholders in different industries?
• How the proposed reforms will affect:
- Business compliance costs
- Competition
- Consumer confidence

Anna Rawlings, Partner, MINTER ELLISON RUDD WATTS

5.00

Closing Remarks and End of Conference

Sponsors/Partners

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