collaboration between ngos and the commerce act
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Collaboration between NGOs and the Commerce Act . Health and Disability NGO Sector-MoH Forum 18 April 2013 Lesley Cornish, Health Advocacy Project Manager Nicky Beechey, Chief Advisor, Advocacy & Development. Health advocacy project. - PowerPoint PPT PresentationTRANSCRIPT
Health and Disability NGO Sector-MoH Forum 18 April 2013
Lesley Cornish, Health Advocacy Project ManagerNicky Beechey, Chief Advisor, Advocacy & Development
Collaboration between NGOs and the Commerce Act
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• raising awareness of competition and consumer law in health sector
• educative role• fact sheets, presentations, articles
Health advocacy project
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• Who are we?• What is illegal?• How to collaborate safely?
What are we going to cover?
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Why promote competition?
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Substantially
Lessen
Competition
...in a market in New Zealand
What kind of agreements are illegal?
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• agreement• between any parties• often restrictive in nature
Agreements that SLC
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• What market are you in?• Who are your competitors?• How hard/easy is it for new players to
enter the market?
How do you work that out?
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•may directly fix prices• or influence prices:o bid riggingomarket sharingo output restrictions
Agreements that fix prices
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Collaboration – what is safe?
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• extend services?• greater ability to compete?• enter new markets?• compete strongly and
increase choice?
What is your purpose?
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• limit competition?• reduce number of bidders?• reduce choice?• raise prices?• reduce output to harm competition?
Is it anti-competitive?
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Too cautious or too brave?
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•legitimate collaboration opportunity missed•competition chilled
•create value•innovative/nimble•efficiencies•purpose and outcome pro-competitive•well-advised
•don’t understand risks before entering agreements•don’t take advice•risk investigation and prosecution•risk reputational damage, penalties, lost time and inconvenience
Don’t understand the law Pro-competitive zone Don’t understand the law
Too cautious Pro-competitive zone Too brave
• voluntary regime• can apply for clearance• what is the market?• will merger SLC?
Mergers
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Where a merger or agreement may result in a
Lessening of
Competition
…but has net benefits
Authorisations
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• collaborative activity exempt from price fixing rule• “reasonably necessary for the purpose of the collaborative
activity”• clearance regime – must be satisfied that provision was
reasonably necessary and no SLC
Proposed amendments
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• What is the purpose of your collaboration?• Who are your competitors?• Collaborate with competitors no more than necessary.• Make sure your behaviour reflects your agreement.• If in doubt, seek legal advice.
Final health check
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CALL the Contact centre on 0800 943 600
WRITE Contact Centre, PO Box 2351, Wellington 6140
EMAIL [email protected]@[email protected]
VISIT www.comcom.govt.nz
SUBSCRIBE www.comcom.govt.nz/subscribe
Contact us
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