New Zealand Issues Updated Cartel Policy

New Zealand’s Commerce Commission has issued its revised cartel leniency and immunity policy and revised template leniency agreement.

The cartel leniency and immunity policy has been updated to reflect changes to the Commission’s cartel leniency policy resulting from the introduction of the new criminal cartel offence which came into effect on April 8.

“The Commission will continue to consider applications for leniency in relation to civil proceedings for cartel conduct. However, only the Solicitor-General can grant immunity from criminal prosecution. Our updated Cartel Leniency and Immunity Policy explains how the Commission will continue to grant leniency in respect of civil proceedings, and how it will make recommendations to the Solicitor-General to grant immunity from criminal prosecution for cartel offences,” said Commerce Commission Chair Anna Rawlings.

The Solicitor-General has revised its Guidelines on immunity from prosecution for cartel offenses, which set out the criteria the Solicitor-General will consider in deciding whether to grant immunity.

The Commission can grant leniency to the first member of a cartel to approach it, provided that individual or firm meets the requirements for leniency. The Commission will not take civil proceedings for cartel conduct against an individual or firm that has been granted leniency if they fully cooperate with the Commission’s investigation and proceedings. 

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