New Zealand Commerce Act 1986 31-33: Rely on the collaborative activity, vertical supply and joint buying exceptions only when their conditions are met

What does 31-33 require?

The cartel prohibition does not apply where, at the time of entering the arrangement, the parties are engaged in a collaborative activity whose dominant purpose is not to lessen competition and the provision is reasonably necessary for that activity; where the provision is in a vertical supply contract between a supplier and its customer and relates to the supply or maximum price of the goods or services under that contract; or where the provision relates to the price of goods or services collectively acquired by the parties or to joint advertising of resale prices. Parties may seek a clearance under section 65A for a collaborative activity. Sections 43 to 46 provide further statutory, international liner shipping and intellectual property exceptions.