Criminalisation of Cartels in New Zealand

Abstract

This paper discusses the plans for the criminalisation of cartels in New Zealand. Up until now New Zealand only has civil sanctions for prohibited cartel conduct. The experiences of four comparison countries with criminal cartels sanctions are examined. The paper compares how successful the provisions are used, and if they fulfil their purpose there. For comparison, USA, Canada, Great Britain and Australia are chosen. These countries are also common law countries and trading partners of New Zealand. The first part of the paper introduces the general concept behind the criminalisation of cartel behaviour. The second part describes the amendment the bill. Then the different experiences with criminalisation of cartels in the different countries are described. The plans of the bill are then discussed in the light of the experiences in the four comparative countries and the submissions to the bill.