Tuesday, 17 March 2026
Learning Objectives:
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Understand how New Zealand competition law and cartel provisions can affect the negotiation, interpretation and enforcement of commercial contracts
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Identify practical strategies for managing potential cartel provisions in contract disputes, including when to seek their inclusion or removal and when Commerce Commission leniency may need to be considered
Chair
Carlo Wan, Partner, Lane Neave
Description
Attend and earn 0.5 CPD hour
Using Competition Law as A Sword or a Shield in Contract Disputes
Given increasing awareness of cartel risk, and the uncertainty about the scope of Commerce Act exceptions, negotiating and enforcing contracts that may contain cartel provisions can be challenging.
- Negotiating for the inclusion or removal of a potential cartel provision
- Enforcement of potential cartel provisions
- When to consider applying to the Commerce Commission for leniency
Presented by Alicia Murray, Partner, Lowndes Jordan
Presenters
Alicia Murray, Partner, Lowndes Jordan
Alicia is a commercial litigator with more than 20 years’ experience in competition law and large-scale commercial disputes. She offers a commercial and pragmatic perspective to setting and implementing strategy to resolve complex disputes and has acted for a wide range of clients in various industries. Alicia acts for clients being investigated by the Commerce Commission in relation to alleged breaches of competition law and consumer law (including Commerce Act, Fair Trading Act and Credit Contract and Consumer Finance Act issues). Alicia assists clients through the whole of the investigation and enforcement experience, where having consistent representation helps to streamline the process and deliver the best value for clients. Alicia has acted for clients involved in some of the largest cartel investigations over the last 20 years, including the air cargo cartel and the real estate proceeding regarding Trade Me fees. Alicia’s practice also includes providing advice on the full range of competition law issues, and assisting clients with mergers, clearance applications and authorisations. She has also regularly provided training seminars on compliance issues. Alicia has strong court experience, and experience with alternative forms of dispute resolution. Other areas of expertise include financial markets legislation and commercial disputes. Alicia is a member of the board of the Competition Law and Policy Institute of New Zealand (CLPINZ) and previously served as president of the Auckland Women Lawyers Association. Alicia is ranked in Chambers for competition law and in Legal 500 for dispute resolution.
Carlo Wan, Partner, Lane Neave
Carlo specialises in all aspects of financial services, financial markets and regulatory matters. He also provides advice on all aspects of corporate law ranging from mergers and acquisitions, corporate structuring, commercial contracts and investment funds. Carlo’s clients include internationally listed and unlisted corporates, Chinese state-owned entities, financial institutions, security brokerages and international consumer brands.
