Targeted review of the Commerce Act 1986

The Ministry of Business, Innovation and Employment is carrying out a targeted review of the Commerce Act 1986.

This review was initiated in response to recommendations in a 2014 Productivity Commission Inquiry into Boosting Productivity in the Services Sector.

Issues covered by the targeted review include:

  • a new market studies function
  • alternative enforcement mechanisms available to the Commerce Commission
  • the prohibition in section 36 of the Commerce Act relating to misuse of market power
  • other matters as agreed with the Minister of Commerce and Consumer Affairs.

The first phase of the review was completed in May and June 2017, with Cabinet decisions on the outcomes of consultation following the release of an issues paper.

Further work is underway in relation to the effectiveness of the prohibition in section 36 and any other matters.

Commerce Amendment Act 2018

The Commerce Amendment Act came into force on 26 October 2018.

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Phase One of the Targeted Review

This review looks at means to improve the effectiveness of key provisions relating to competition in the Commerce Act.

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