The Commerce Commission is a New Zealand government agency charged with enforcing legislation that promotes competition in the country's markets and prohibits misleading and deceptive conduct by traders. It is an independent, quasi-judicial body, established under the Commerce Act 1986. The purpose of the Act is to promote competition in New Zealand's economy. It prohibits conducts that restricts competition (restrictive trade practices) and the purchase of a business's shares or assets if that purchase leads to a substantial lessening of competition in the market.
The Commission is accountable to the Minister of Commerce and Associate Minister of Commerce for its performance. It is intended to be an independent and impartial promoter and enforcer of the law, with a purpose of achieving the best possible outcomes in competitive and regulated markets for the long-term benefit of New Zealanders.
The Commission undertakes investigations and where appropriate, takes court action. It considers applications for authorisation in relation to anti-competitive behaviour and mergers.
The Commission also enforces pieces of legislation specific to the telecommunications, dairy and electricity industries.
The Commerce Commission has specific roles under various Acts, as follows:
The Fair Trading Act 1986 was developed with the Commerce Act to encourage competition and to protect consumers from misleading and deceptive conduct and unfair trading practices. The Act applies to all aspects of the promotion and sale of goods and services – from advertising and pricing to sales techniques and finance agreements.
The Act also applies to pyramid schemes, and provides for consumer information standards covering country of origin (clothing and footwear labelling, fibre content labelling, care labelling and supplier information notices relating to motor vehicles. The Commission also enforces six product safety standards relating to baby walkers, pedal bicycles, flammability of children’s night clothes, cigarette lighters, household cots and toys for children aged up to three years.