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The Queen is Dead: Time to Bury the Crown Exception?

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The provisions that apply the Commerce Act 1986 to the Crown are outdated, and do not reflect changes over the past nearly 40 years, including reforms of the public sector???s structure and scope. Any revision will require the drawing of new lines as to where competition law should apply in full. This article suggests that public bodies should only be able to limit competition where expressly authorised by Parliament, it is reasonably necessary to achieve some public purpose or it is permitted by a Commerce Commission authorisation.

Document Type: Research Article

Publication date: October 1, 2023

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  • The New Zealand Law Review, published quarterly by the Legal Research Foundation Inc. since 1966, is the premier law journal published in New Zealand. It includes refereed articles by leading New Zealand and international scholars, together with annual and biennial reviews of the major areas of the law, written by specialist contributing editors.
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