Matthews Law is a specialist competition law firm. We are experts in economic law issues. This includes competition law (antitrust), consumer law, regulation, trade and policy. We assist clients in developing competitive strategies and influencing policy settings. Telecommunications, Media and Technology (TMT) matters are also a focus. Our core strengths are: An understanding of policy and legal issues, economic theory, finance, accounting and commercial realities. Offshore exposure, extensive experience in multi-jurisdictional matters and involvement in thought leadership. Involvement in most major sectors including aviation, dairy, financial services, energy, health, insurance, postal, shipping and TMT. Significant experience achieving successful outcomes for both small and large entities, and the public and private sectors.
External link for Matthews Law
Level 33, Vero Centre, 48 Shortland Street
Auckland, 1010, NZ
#grocery #competitionlaw #antitrust #consumerlaw #nzelite #nzantitrustlaw #nzcompetitionlaw #nzconsumerlaw #supermarkets
An update from the Grocery Commissioner as we approach the end of 2024 John Small Anne Callinan Tristan Gilbertson Rakihia Tau Bryan Chapple Vhari McWha Loretta Lovell Nathan Strong Joseph Liava'a Commerce Commission Elizabeth Mitchell Willy Trolove Alice Hume Andrew (Andy) Matthews NZ Food and Grocery Council
Happy Holidays from the Matthews Law team ☃️ ❄️ In our final newsletter for the year, we outline what 2025 has in store, including key competition law trends which New Zealand and international businesses should be alive to. ❄️ As always, we thank our clients and colleagues both in New Zealand and across the globe for your support. We wish you and your friends and family a relaxing and joyful holiday season and look forward to reconnecting in the new year. ❄️ This has been an exciting year for us, with partner Alicia Murray and solicitors Michael Lim, Mariam Rasheed and Emma Westbrooke joining us. We were privileged to work on many of the most interesting transactions and matters in the New Zealand competition space and look forward to another positive year in 2025. ❄️ Further, Matthews Law is delighted that it has been recognised as an “Elite” category firm in the Global Competition Review 100 2025 alongside colleagues at Russell McVeagh, Bell Gully & Chapman Tripp. We were also named "Antitrust Law Firm of the Year in New Zealand - 2025" in the 2025 Corporate INTL Global Awards. ❄️ This reflects the great clients we are privileged to support and the focus of our team (past & present) on the best strategy & outcomes for our clients. Thank you again for your support. ❄️ Our last working day is 20 December 2024. Our offices reopen on 15 January 2025. ❄️ View on newsletter on the website: https://lnkd.in/gNJBPCzG ❄️ Subscribe to our mailing list for future newsletters and insights here: https://lnkd.in/gXeMAhrF
A timely reminder: green initiatives with competitors can raise competition issues 🌿 Australian competition regulator, the ACCC, has just released its final sustainability collaborations guidelines- helping Australian businesses assess when collaboration is likely to breach competition laws. 🌿 As we mentioned in our earlier newsletter (linked below), this is a good reminder that just because you are collaborating with competitors for a good purpose (eg for sustainable objectives), this is NOT an automatic defence to competition law breaches. 🌿 In Ministry of Business, Innovation and Employment's review of the Commerce Act, one of the issues it has invited discussion on is "Facilitating beneficial collaboration". As MBIE recognises, "[m]any of the major structural challenges facing the economy require novel and coordinated solutions. These challenges include transitioning to net zero..." 🌿Got a green initiative you're considering? Get in touch to make sure you stay on the right side of the law. --- Our previous newsletter is available here: https://lnkd.in/gVc566tw The ACCC's guidelines are available here: https://lnkd.in/gwwCrWnF The Commerce Commission's guidelines on sustainable collaborations are available here: https://lnkd.in/g2swx9Hy
First criminal prosecution for cartel conduct- $500,000 fine for company and community detention for director ➡️Following guilty pleas, we now have the first sentencing for price fixing under the criminal cartel provision. ➡️Criminal cartel conduct risks fines for individuals of up to $500,000 and jail time of up to 7 years. ➡️According to the Commerce Commission, Justice Michele Wilkinson-Smith found that: “were it not for a number of mitigating factors, a sentence of two years in prison would have been appropriate for Mr Kumar, and a penalty of around $1 million would have been appropriate for Maxbuild’s conduct. Her Honour ordered MaxBuild to pay a fine of $500,000. In addition to the fine imposed on his company, Mr Kumar was sentenced to six months community detention and 200 hours of community work.” ➡️A second director and company will be facing trial in October 2025 relating to the same conduct. ⚠️ This is a useful reminder of why good competition law compliance programs are important, and the significant penalties (including prison time) that individuals and companies risk by engaging in this type of conduct.
From across the ditch: ACCC updates immunity policy for cartel conduct: "increasing transparency and certainty about how the immunity program is administered and to clarify the requirements for applicants. The Immunity Policy is one of the ACCC’s key strategies for detecting, stopping and deterring cartels. Cartels increase prices, stifle innovation and reduce choice for Australian consumers." The Commerce Commission has a similar policy in NZ (as do most antitrust / competition law agencies). Many of our clients have successfully utilised this. Your periodic reminder to check your compliance - the threshold for establishing a cartel is MUCH lower than many (including many lawyers) recognise. What about an excessively long (or broad) post-sale restraint (non-compete)? Did we mention ComCom enforcement priorities? We did? Let's recap ... ❌ Bid rigging cartels ❌ Non-compete agreements ❌ Illegal on-line sales conduct ❌ Breaches in the grocery and telecommunications sectors, ❌ Motor vehicle finance ❌ Unconscionable conduct. Our 1-page guide on the"cartel provision" prohibition (and exceptions) is here: https://lnkd.in/g-mS59tc If you wake up in a cold sweat over the break realising that you may have overstepped ping us on mobile! Wait until you see our next post.... https://lnkd.in/dkTtzVjv #cartel #bidrig #price #fix #output #limit #restraint #nzantitrust #nzCompetitionlaw #global #elite #antitrust #lawyers
Lower payment fees in the pipeline? 💰 This morning, the Commerce Commission published a Draft Decision relating to retail payment systems which found: - "New Zealanders are paying too much to make and receive payments using Mastercard and Visa cards" - The fees paid in New Zealand are "high in comparison to many other comparable countries". Commission Chair John Small commented in the media release that "If [the Commission's] draft decision is implemented, we’d expect to see consumers benefit from lower surcharges of around 0.7% to 1.0%, or through prices of goods and services that reflect the lower fees." Submissions on the Draft Decision are due by 5pm 18 February 2025. --- The Commission's media release is available here: https://lnkd.in/euwfwgKf The Commission's Draft Decision is available here: https://lnkd.in/eGSS4A6D
Fake discounts ➡️ misleading conduct ❌ FTA breach ➡️ check your compliance program (regularly)
www.matthewslaw.co.nz : Competition / Regulation / Policy / Strategy andrew.matthews@matthewslaw.co.nz +64 222 333 666
❓ Black Friday fake discounts? Surely not? ❌ It's not OK to raise prices before discounting them to show a higher discount or another misleading benchmark (eg RRP if that's not charged). ➡️ That's misleading and likely to breach the NZ Fair Trading Act. 💲 The highest fines under the FTA are $3.675M for telco One NZ (formerly Vodafone) for misleading customers about their FibreX broadband service. Expect bigger numbers in future. ⚠️ According to its case register, the Commerce Commission has "open" consumer matters against 15 parties, highlighting its activity in the area, and the need to "get it right". If you want to know who they are you search the CC's "case register" but it's fair to say retailing (especially grocery) and telco continue to feature. 💯 This is consistent with the CC's focus "on key areas this year – bid rigging cartels, non-compete agreements, illegal on-line sales conduct, breaches in the grocery and telecommunications sectors, motor vehicle finance and unconscionable conduct." https://lnkd.in/g2HyQGut 🤔 Timely to note new (November 2024) US guidelines on U.S.DOJ Antitrust Division Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations https://lnkd.in/gnkXV-zx #nzcompetitionlaw #nzconsumerlaw #misleading #deceptive #hilo #pricing #discount #fair #trading #act Emma Westbrooke Mariam Rasheed Michael Lim Alicia Murray Vanessa Horne #compliance
Is your business being open and transparent with customers? 🔍 The Commerce Commission announced today that it "has secured a $243,000 fine against Beau Ideal Limited, previously known as Beaurepaires and now trading as Advantage Tyre Solutions, for breaching the Fair Trading Act in the sale of the extended warranty “Road Hazard Cover.” According to the Commission "Beaurepaires’ invoicing system automatically added Road Hazard Cover to all customer quotes for tyre purchases, and required customers to opt-out if they didn’t want the product. Customers were reliant on Beaurepaires employees to both tell them about the additional product, and manually remove the Road Hazard Cover from the quote if requested." This follows from Dick Smith receiving a warning for similar conduct, "for likely misleading consumers, as their website automatically signed customers up for a $149 membership subscription." Commission Deputy Chair Anne Callinan shared that the Commission “encourage[s] all businesses to use an ‘opt-in’ sales approach. This allows consumers to make their own decisions and reduces the risk of breaching the Fair Trading Act." --- NZCC media release - Dick Smith warning: https://lnkd.in/gGNRKFAg
MATTHEWS LAW is delighted to be recognised in the GCR 100 2025 in the leading "elite" category alongside colleagues at Russell McVeagh, Bell Gully & Chapman Tripp. This reflects the great clients we are privileged to support and the focus of our team (past & present) on the best strategy & outcomes for our clients. https://lnkd.in/gsEcspah Gus Stewart Danny Xie Nicko Waymouth Elsie Stone Genelle Seah Emma Westbrooke Mariam Rasheed Michael Lim Alicia Murray Jane MatthewsJohn Sibanda Shaun MacLean Stones Andrew (Andy) Matthews