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Competition and anti-trust law

Compliance with the Commerce Act is critical for businesses to avoid breaches that can incur significant penalties and costs, and generate negative publicity. Kensington Swan has the expertise to guide you through the complexities of the Act and minimise damage if breaches occur.

Our lawyers have been involved in many high-profile and complex competition (anti-trust) cases in New Zealand.


We provide advice to a range of New Zealand and international clients on:

  • Commerce Commission investigations
  • competition issues arising from joint venture activities
  • distribution agreements
  • pricing issues
  • competition issues for firms with market power
  • proposed mergers and acquisitions
  • compliance strategies


Our lawyers have experience in the regulatory sector and provide technical, legal, and strategic advice on regulatory aspects of the Commerce Act.


We help our clients develop and implement compliance programmes, and provide training on competition law issues.


Kensington Swan also provides advice on policy and legislative initiatives, including assisting clients with preparing submissions.

Our specialists contribute regularly to public discussion on competition and regulatory law.

Recent experience

International airline

3We acted for an international airline in its defence of Commerce Commission proceedings alleging price-fixing of fuel and air cargo security surcharges. The case represented one of New Zealand’s largest Commerce Act proceedings and had international implications due to the jurisdictional issues involved.

Commerce Commission / Woolworths, Foodstuffs, Farmers, Whitcoulls, Noel Leeming, Dick Smith Electronics

Kensington Swan acted for the Commerce Commission and a group of retailers against the major trading banks, Visa, and MasterCard, over alleged breaches of the Commerce Act in relation to credit card scheme rules. The case was settled in October 2009 and resulted in changes to scheme rules and a new framework for credit card interchange fees.

NZ Bus Limited

When the Commerce Commission acted to prevent New Zealand Bus Limited acquiring Mana Coach Services, Kensington Swan provided critical litigation support to the Commerce Commission on an urgent basis. 

Sonoco acquisition

We acted for Sonoco New Zealand to gain clearance for the acquisition of a cylindrical packaging business. Without the clearance, the transaction could not have proceeded without exposing Sonoco to Commerce Act risk.



Related legal services

Company law
Commercial contract law
Consumer law
International trade

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+64 9 375 1115

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