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Elevate Magazine
October 29, 2024

ComCom is in Search of a New Chief Legal Counsel for Competition

comcom is currently in search of a new chief legal counsel for competition

The Commerce Commission is actively seeking a new Chief Legal Counsel for Competition. The successful candidate will evaluate the effectiveness of the new misuse of market power laws.

The job advertisement, which closed on October 16, highlights the need for a candidate with a stellar reputation among New Zealand’s leading competition law practitioners.

The successful applicant will be tasked with managing and leading a legal team that provides high-quality legal services to the commission. Michael Tilley, who has held the position for the past two years, is transitioning to new challenges in 2025, prompting this recruitment drive. 

“With cartel criminalisation cases now before the courts and investigations under the revised Section 36 of the Commerce Act under way, the next chief legal counsel—competition—will continue to lead out on ground-breaking activities to protect and improve outcomes for all New Zealanders,” the ad said.

Experts anticipate that the new lawyer will prioritise the implementation of changes to the Commerce Act made last year, which enhanced New Zealand’s regulations regarding the misuse of market power. The amendment, outlined in Section 36 of the Commerce Act, aimed to resolve issues with the previous prohibition, which was deemed costly and complex to enforce, unpredictable, and ineffective in deterring or penalising certain anti-competitive behaviours. 

Additionally, it aligned New Zealand’s standards with Australia’s misuse of the market power framework. The revised prohibition is intended to encompass anti-competitive actions that were not previously restricted.

Matthews Law commercial litigator Alicia Murray, who has represented clients under investigation by the Commerce Commission, expressed a desire for the commission to take a more proactive approach in investigating market power abuses under Section 36 that impact competition.

She emphasised that industries affecting a large number of New Zealanders or influencing market prices should undergo increased scrutiny to enhance consumer protection. She also called for improvements in the commission’s response times, especially for clients who have complied with information requests.

“They sit on the information provided to them for some time, probably three or four times longer than they gave you to respond before coming back to you, and there’s nothing you can do about it,” Murray said. 

Murray noted that over the past decade, the commission faced criticism for primarily pursuing legal cases it was confident it could win. She said that this focus on low-hanging fruit—or easily achievable victories—complicated client advice, as much of New Zealand’s case law is outdated. She expressed a desire to see the commission adopt a more adventurous approach by initiating cases in areas that could significantly impact many individuals while also progressing legal standards. Additionally, she suggested that having chief legal counsel for competition willing to advocate for tackling more challenging cases would be useful. 

A spokesperson for the Commerce Commission mentioned that the salary range for the chief legal counsel position is between $190,008 and $257,070.