Five Million Voices

Should the Commerce Act be changed to add a notification regime for business collaboration, new enforcement orders, and wider merger controls?

This Government bill amends the Commerce Act 1986 to implement a package of competition reforms following a targeted review that, its general policy statement says, found complexity, cost and delays in supporting pro-competitive collaboration, limits in enforcement tools, and gaps in merger control. It creates a statutory notification regime — initially limited to resale price maintenance and small-business collective bargaining — under which firms can notify the Commerce Commission of proposed conduct and proceed unless the Commission objects, as a faster alternative to clearance or authorisation. It also lets the Commission waive or reduce application fees, streamlines the cartel clearance process, adds corrective action orders the High Court can make on the Commission's application to restore competition after a Part 2 breach, and strengthens protections for confidential information, including an Official Information Act exemption modelled on the Reserve Bank and Financial Markets Authority frameworks, longer and broader confidentiality orders, and new whistleblower protections. The bill is before Parliament, having passed its first reading on the voices on 16 December 2025.

Full bill summary & link to official bill page

This bill amends the Commerce Act 1986 to implement a package of competition reforms following a targeted review of the Act. It introduces a new statutory notification regime, initially limited to resale price maintenance and small-business collective bargaining, under which firms can notify the Commerce Commission of proposed conduct and proceed unless the Commission objects, offering a faster and cheaper alternative to formal clearance. It also adds new enforcement tools and widens the merger-control framework to address gaps the review identified.

Supporters argue the changes cut cost and delay for pro-competitive collaboration while giving the regulator stronger tools against harmful conduct and mergers. Others may question whether the notification model gives businesses enough certainty, or whether wider merger controls could deter beneficial deals, and will look at how the Commission uses its expanded powers in practice.

See the Parliament.nz ↗ site for the full bill.

Oppose (No) Support (Yes)

Commerce (Promoting Competition and Other Matters) Amendment Bill · First Reading, 16 Dec 2025
Agreed on the voices — no counted division.