John is a prolific writer and presenter on competition law issues. A selection of his published journal articles in the competition law field is as follows.
- Intellectual Property and the Prohibition on Cartel Conduct in New Zealand Competition Law (2024) 31 NZULR 113
- Commerce Commission v Moola – Lost Opportunity, Chilling Effect and The Need For Reform (2023) 10 NZIPJ 103
- Clarifying New Zealand Competition Law: Establishing “Arrangements” between Competitors, the “Controlling” of Price, and Anti-Competitive “Purpose” after Lodge (2019) 25 NZBLQ 255
- Analysing Collaborative Activities (2014) NZLJ 230
- Joint Ventures and the Collaborative Activity Exemption (2014) NZLJ 190
- Counterfactual Analysis in Merger Reviews (2012) 25 NZULR 103
- Exemplary damages under the Commerce Act (2012) NZLJ 82
- Leniency Applications (2010) NZLJ 187
- The Meaning of Competition (2010) 24 NZULR 98
- Trade Associations and the Commerce Act (2010) NZLJ 110
- Sharing Price Information with Competitors (2009) NZLJ 272
- Bundling: An overview of New Zealand and Australian Trade Practices Laws (2009) 6 MqJBL313
- Franchises and competition law (2009) NZLJ 311
- Predatory pricing (2002) NZLJ 183
- The Commerce Amendment Act 2001(2001) 7 NZBLQ 217
- Misuse of Market Power: Predatory Pricing after Carter Holt Harvey (2001) 7 NZBLQ 49
- NZ Mergers and takeovers (1991) 6 TPLB 69
- Market Definition and Maximum Retail Pricing (1989) 5 AMLB 14
- Monopolisation: The practical implications of section 36 of the Commerce Act 1986(1988) 18 VUWLR 51
On an ongoing basis, John also writes regular articles on Competition Law for the New Zealand Law Society publication, LawTalk. Articles in LawTalk have included the following:
- Clarifying the law of price fixing, May 2020
- Competition law issues beneath the surface with mergers, May 2019
- The Viagogo case- The difficulties of seeking interim injunctive relief against an overseas defendant, April 2019
- Competition law and the removal of exceptions for intellectual property rights, March 2019
- Price fixing without fixing the whole price- The Court of Appeal decision in Lodge, February 2019
- New Commerce Commission Competitor Collaboration Guidelines, February 2018
- Dealing with the Commerce Commission- Voluntary or involuntary, December 2017
- The impact of the new cartel laws on commercial arrangements, October 2017
- Rejection of media merger on public benefit grounds, June 2017
- Cartel laws applying to principal and agent? The High Court of Australia's Flight Centre decision, March 2017
- Informal unanimous shareholder assent doctrine on way out, July 2016
- Reform of misuse of market power law- Is it time for an "effects" test, 29 January 2016
- Vertical price fixing? The application of price-fixing law to distribution and agency arrangements, 11 September 2015
- FMA makes first stop order, 14 August 2015
- Court of Appeal decision on reasonableness of credit fees, 5 June 2015
- Commerce Commission decision on hospital merger, 27 March 2015
- Headline Advertising Messages and the Fair Trading Act, 7 November 2014
- Distribution Agreements and the New Cartel Laws, 10 October 2014
- New Guidelines on Unfair Contract Terms, 12 September 2014
- Reasonableness of Credit Fees, 15 August 2014
- The Chorus Decision and the Approach to Telecommunications Regulation, 4 July 2014
- Introduction of Principles of Responsible Lending, 28 April 2014
- New perils in providing information to the Commerce Commission, 11 April 2014
- New Guidelines relevant to Joint Ventures and Franchises, 25 October 2013
- New Mergers and Acquisitions Guideines, 27 September 2013
- US $25m Damages in Competition Law Case, 16 August 2013
- Bill provides for very important changes to competition law, 7 June 2013
- Potential Fair Trading Act liability for website material, 24 May 2013
- Commerce Commission Settlement of Credit SaILS case, 15 February 2013
- New Commerce Commission Enforcement Response Guidelines, 7 December 2012
- Seeking immunity for anti-competitive conduct, 23 November 2012
A selection of John's competition law conference presentations is as follows.
- ‘Competition Law Implications of IP Settlements’ Competition Law and Policy Institute Workshop (August 2024)
- ‘Land Covenants and the Commerce Act- Enforcement of Covenants, and Overreach and Misapplication of Competition Law’ NZLS Property Law Conference (June 2024)
- ‘Company Law Update’ NZLS Seminar (February 2024)
- ‘Commerce Commission Investigations’ New Zealand Insurance Law Association Conference (September 2023)
- ‘The Impact on IP Licensing and IP Settlements of Changes to the Commerce Act’ IPSANZ Seminar (May 2023)
- ‘Anti-trust and IP, Competition Law and Policy Institute of New Zealand Workshop 2021 (August 2021)
- The Commerce Act, Cartels and Recent Developments’ ADLS Webinar (March 2019)
- ‘Commerce Act Changes and Enforcement Trends’ LegalWise Webinar (September 2018)
- ‘Observations on New Zealand Cartel Law following Commerce Commission v Lodge Real Estate’ Competition Law and Policy Institute Workshop (August 2018)
- ‘Commerce (Cartels and Other Matters) Amendment Act 2017 NZLS Seminar (February 2018)
- ‘Engaging with the Commerce Commission’ ADLS Webinar (September 2017)
- ‘Company Law Update’ NZLS seminar roadshow (June 2017)
- 'The Case for Pro-Competitive Collaborations' Conferenz NZ Productive Markets Forum (November 2014)
- 'Joint Ventures and the Collaborative Activity Exemption' Competition Law and Policy Institute Workshop (August 2013)
- 'Commerce and the Regulators' New Zealand Bar Association Seminar (June 2013)
- ‘Competition Law- The Must Knows” NZLS seminar roadshow (May 2012)
- 'A difference of opinion: What the Metcash case means for mergers in New Zealand' Brightstar’s 12th Annual Competition Law and Regulatory Review (May 2012).
- ‘Competition Law Damages’ Competition Law and Policy Institute Workshop (August 2011).
- ‘Misuse of Market Power Section 36: How the Telecom 0867 Case Has Clarified the Law’ Brightstar’s 11th Annual Competition Law and Regulatory Review (February 2011).
- ‘Cartels & Price Fixing’ Brightstar’s 10th Annual Competition Law and Regulation Review (February 2010).
- ‘Directors and officers liability’ LexisNexis Professional Negligence and Liability Conference (August 2008)
- ‘Dealing with Commerce Commission Investigations’ Brightstar Competition Law and Regulation Review (February 2008)
- ‘Section 36: When is ‘use’ misuse?’ 18th Annual Workshop of the Competition Law and policy Institute (August 2007).
- ‘Recent Developments in section 36 of the Commerce Act 1986’ 16th Annual Workshop of the Competition Law and Policy Institute (August 2005).
- ‘Misuse of market power: where does the law stand after the Privy Council decision in Carter Holt’ 5th Annual Competition Law and Regulation Review Conference (February 2005).
- ‘The New Zealand Commerce Commission Approach to Applications for Clearance and Authorisation’ Fourth Annual Competition Law and Regulation Review 2004 (February 2004).
- The Proposed Cartel between Qantas and the Air New Zealand, why the Commission was too soft’ 14th Annual Workshop of Competition Law and policy Institute of New Zealand (August 2003).
- ‘Misuse of Market Power – the Implications for New Zealand of Australian Judicial and Legislative Reform’ New Zealand Competition Law Master Course 2003, Wellington (February 2003)
- ‘Business Acquisitions – Formal and Informal Approaches to the Commerce Commission’ 13th Annual Workshop of the Competition Law and Policy Institute of New Zealand (August 2002).
- ‘Predatory Pricing – below cost pricing under the Commerce Act’ IIR NZ Competition Law Master Course (March 2002).
- ‘Predatory Pricing – Below cost pricing under the Commerce Act as Amended’ IIR NZ Competition Law Conference (May 2001).
- ‘Examining the impact of the Commerce Act reforms: The Concerns and Issues for Business and the New Zealand Economy’ IIR NZ Competition Law Conference (May 2001)
- ‘Misuse of Market Power: Predatory Pricing after Carter Holt’ 11th Workshop of the Competition Law and Policy Institute of New Zealand (August 2000).
- ‘The Role of the Prime Necessities Doctrine in the Control of Essential Services’ IIR Competition Law and Practice Conference (August 1995).
- ‘The Prime Necessities Doctrine: Where does it fit?’6th Workshop of the Competition Law and Policy Institute of New Zealand (August 1995).
- ‘The Role of Efficiency in Competition Policy’ 5th Workshop of the Competition Law and Policy Institute of New Zealand (August 1994).
