Cento Veljanovski was the keynote speaker at the Competition Law and Policy Institute of New Zealand’s (CLPINZ) 25th annual conference held in Wellington on the 5/6 August. He gave a paper assessing the counterfactual test under s36 of the New Zealand Commerce Act 1986 following the Surpreme Court’s Telecom 0867 decision. He concluded the the application of the s 36 counterfactual test had been flawed and is an underinclusive test to identify the use of market power for a proscribed anticompetitive purpose. His paper together with Roger Featherston’s commentary assessing the equivalent s46 counterfactual have been posted as Use of Market Power and Counterfactuals in New Zealand and Australian Competition Laws (double click to download).

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