Thursday, December 1 2022

Wellington, December 22, 2021

The Commerce Commission has issued a statement on preliminary issues relating to an application by the News Publishers’ Association of New Zealand Incorporated (NPA) seeking permission, on behalf of its members, to collectively bargain the terms and conditions of journalistic services and information from participating media companies. content posted on Facebook and Google.

Main competition issues

The statement outlines the main competition issues that the Commission considers important in deciding whether to clear NPA’s proposed collective bargaining agreement.
The Commission invites interested parties to provide comments on the likely advantages and disadvantages, including the likely effects on competition, of the proposed arrangement. Submissions can be emailed to [email protected] with the reference “NPA Authorization” in the subject line.

All submissions must be received by close of business February 4, 2022.

Parties unable to submit their briefs by this date may request an extension of time from the Board to submit their briefs.

The Commission is currently due to decide on the application by June 9, 2022.

However, this may be extended as the investigation progresses.

The statement of preliminary issues and a public version of the request can be found on the Commission’s website. case register.

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Background information

The Commission may grant clearance under Sections 58 or 65AA of the Commerce Act (the Act) for agreements which may violate the law if it is satisfied that the agreement is likely to result in a benefit to the public who would outweigh any lessening of competition, or such that conduct should be permitted.

The Commission Authorization guidelines explain when anti-competitive agreements that may lessen competition will be permitted under section 58 of the Act, and our process for determining such applications for permission.

The Commission Guidelines on Approach to Authorizations under the COVID-19 Response (Further Management Measures) Legislation Act explains when the Commission will authorize agreements that may contain a cartel provision under Part 5 of the Act, and our process for determining such requests for authorization. ‘authorisation.

Source: Commerce Commission, Wellington

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