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In the Commerce (Promoting Competition and Other Matters) Amendment Bill, in the new section 36C about predatory pricing, what is the intended meaning, if any, of “sustained period”?

Answered Question 4166 (2026)
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Asked by

Arena Williams

Member for Manurewa · Labour Party

Question

  • In the Commerce (Promoting Competition and Other Matters) Amendment Bill, in the new section 36C about predatory pricing, what is the intended meaning, if any, of “sustained period”?

Answered by

Hon Scott Simpson

Member for Coromandel · National Party · Minister of Commerce and Consumer Affairs

Answer

What constitutes a “sustained period” will be determined by the courts on a case-by-case basis, as this depends on the circumstances of the conduct and the particular market.