About
Competition and Trade Practices Law Compliance for Non Lawyers is a one day master class that will equip you with an understanding of relevant competition law, and trade practices legislation as it affects NZ businesses in simple and practical manner.
Learn how relevant legislation promotes competition in New Zealand, and prevents misleading and deceptive conduct by trades, and how you can stay on the right side of the law.
Key learning objectives:
- Gain an understanding of the regulatory environment faced by businesses in New Zealand
- Understand trade consumer protection and competition law
- Reduce risk by ensuring compliance with legislation
Who should attend?
This course should be attended by anyone who deals who has a legal obligation to their customers in the provision of goods and services including by not limited to:
- General Managers
- Company Directors
- Chief Executive Officers
- Managing Directors
- Finance Managers
- Marketing Managers
- Business Development Mangers
- Compliance Managers
Training methodology
This intensive 1 Day master class will combine tutorial sessions and case studies with interactive learning exercises. All attendees will be provided with a workbook and a certificate of completion.
Outline
Regulatory Framework for Business in New Zealand
- Fair Trading Act 1986
- Consumer Guarantees Act 1986
- Commerce Act 1986
- The role of the Commerce Commission in applying the law
Restricted trade practices
- Basic concepts
- Who is a competitor
- Attempts
- Jurisdiction and overseas conduct
Strictly prohibited conduct
- Overview
- Exclusionary dealings
- Arrangements, contracts and understandings
- Price fixing
- Price fixing do’s and don’ts
- Commission leniency and co-operation policies
- Resale price maintenance
- Case studies
Anti-competitive practices
- What practices are prohibited?
- Defining a market
- Anti-competitive purpose
- Anti-competitive effect
- Exclusions
Misuse of market power
- What is a substantial degree of market power?
- What conduct might be a misuse of market power?
- Refusals to deal/supply
- Case studies
Anti-competitive acquisitions
- Prohibition
- Clearance and authorisation regime
Misleading and Deceptive Conduct
- Misleading conduct under the Fair Trading Act 1986
- Civil and criminal liability
- What is misleading and deceptive?
- Who must be misled or deceived or likely to be misled and deceived?
- Disclaimers and fine print
- Entire agreement provisions
- Fair Trading Act dos and don’ts.
- Communicating sales and pricing changes.
- Product origin
- Bait advertising
- Case studies
Penalties and Enforcement
- Enforcement, remedies and penalties
- The role of the Commerce Commission as the regulator
- Information gathering powers.
- Tips for dealing with the regulator
- Defences
- Damages
Facilitators
Mark Williamson, Partner, DLA Phillips Fox
Mark Williamson is a partner at DLA Phillips Fox specializing in competition law. Over the last decade he has advised on all aspects of competition and trade practices including advising in relation to the supermarket mergers, cartel investigations and drafting proposed amendments to the Commerce Act. He has undertaken numerous presentations in the trade practices area including specific compliance training in the FMCG, energy, insurance and manufacturing sectors
Iain Thain, Partner, DLA Phillips Fox
Iain is a commercial dispute resolution partner and
leads our New Zealand construction team.
Iain has extensive experience in handling complex
large-scale litigation, arbitration and alternative dispute resolution
procedures including mediations.
Iain has specific expertise in competition,
marketing and trade practices law, disputes related to land and general
commercial litigation.
In-house Training
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