New Zealand Acts

COMMERCE ACT 1986 - SECT 44B

44B Further exception in relation to international liner shipping services (price fixing in relation to space on ship)

1 Nothing in section 30(1)(a) applies to a person in relation to a cartel provision that has the effect, or likely effect, of price fixing if, at the time of entering into or arriving at the contract, arrangement, or understanding that contains the provision, the circumstances in subsection (3) apply.

2 Nothing in section 30(1)(b) applies to a person in relation to a cartel provision that has the effect, or likely effect, of price fixing if, at the time of giving effect to the provision, the circumstances in subsection (3) apply.

3 The circumstances are that—

a) the person and all other parties to the contract, arrangement, or understanding that contains the cartel provision are supplying an international liner shipping service in co-operation with each other; and

b) the co-operation improves the service supplied to owners or consignors of goods carried at sea; and

c) the provision relates to the exchange, sale, hire, or lease (including the sublease) of space on a ship between the person and 1 or more parties to the contract, arrangement, or understanding; and

d) the exchange, sale, hire, or lease (including the sublease) is carried out for the purposes of the co-operation.

4 For the purposes of subsection (3)(a),
"parties to the contract, arrangement, or understanding" excludes persons who are parties only because section 30B(a) applies.

5 In this section,
"cartel provision" means a cartel provision in a contract, arrangement, or understanding.

History: Section 44B: inserted, on 14 August 2019, by section 10 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).   Section 44B(1): amended, on 8 April 2021, by section 8(1) of the Commerce (Criminalisation of Cartels) Amendment Act 2019 (2019 No 9).     Section 44B(2): amended, on 8 April 2021, by section 8(2) of the Commerce (Criminalisation of Cartels) Amendment Act 2019 (2019 No 9).     Section 44B(5): inserted, on 5 April 2023, by section 19 of the Commerce Amendment Act 2022 (2022 No 11).