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Misuse of Market Power: Legislation


Key provisions

The key provisions is section 46. Other relevant provisions are set out below. Further information can be found by following the link to the annotated version of each.

46 Misuse of market power
This includes legislative history

46A Misuse of market power—corporation with substantial degree of power in trans Tasman market

46B No immunity from jurisdiction in relation to certain New Zealand laws

86(1A) Jurisdiction of the Courts
(Sub-section 86(1A) provides: "(1A) Jurisdiction is conferred on the Federal Circuit Court in any matter arising under section 46 or Part IVB in respect of which a civil proceeding is instituted by a person other than the Minister." This additional jurisdiction, which operates concurrently with Federal Court jurisdiction, was introduced by the Trade Practices Legislation Amendment Act 2008 on the theory that it might provide more accessible to small business. No case has been brought before the Federal Circuit Court or its pre-decessor, the Federal Magistrate's Court.