Chapter

Australia and New Zealand

Simon Peart

in The Design of Competition Law Institutions

Published in print December 2012 | ISBN: 9780199670048
Published online January 2013 | e-ISBN: 9780191744341 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199670048.003.0002

Series: Law And Global Governance

Australia and New Zealand

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This chapter discusses the history, institutional structure, mandate, procedural characteristics, and agency performance of the competition law systems of Australia and New Zealand. The primary enforcement agencies for competition law in New Zealand and Australia are the Commerce Commission and the Australian Competition and Consumer Commission, respectively. Both agencies are structurally independent of government and, although they report to government and are subject to government oversight, they carry out their statutory functions free from government influence. The New Zealand and Australian models have elements of the integrated agency, bifurcated judicial, and (in the case of Australia) the bifurcated agency models. The agencies are responsible for investigating breaches of competition law; taking enforcement proceedings to the courts of general jurisdiction; and undertaking first instance adjudications in merger control proceedings and in a variety of regulatory matters.

Keywords: law enforcement; New Zealand Commerce Commission; Australian Competition and Consumer Commission; bifurcated judicial model; bifurcated agency model; Australia; New Zealand

Chapter.  27594 words. 

Subjects: Competition Law

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