Regulation & Access
Covering economic regulation (particularly for energy, telecommunications and dairy), industry-specific regulation (notably aviation and grocery sectors), as well as advising on access pricing methodologies and refusals to supply (for both access providers and access seekers).
We have significant experience advising clients on generic regulatory matters and industry-specific regulatory regimes, including under Part 4 of the Commerce Act 1986, the Telecommunications Act 2001, the Grocery Industry Competition Act 2023, the Dairy Industry Restructuring Act 2001, the Credit Contract and Consumer Finance Act 2003, the Financial Markets Conduct Act 2013, and the Civil Aviation Act 1990. Our team regularly advises on competition law access and pricing issues, including in relation to pricing methodologies (covering imputation pricing, cost-based pricing and regulated pricing).
Our work involves assisting clients to develop appropriate competitive strategies, including structuring arrangements in a way that minimises the risk of challenge, or enhances the prospects of a successful challenge or a more commercial outcome. We also regularly assist clients with preparing submissions to regulatory authorities in relation to new and existing laws and regulations.
Our team has acted for both established companies (incumbents or access providers, including regulated monopolies) and smaller players (challengers or access seekers).
Experience includes:
Telecommunications
- Advised 2degrees mobile on various matters, notably assisting its 3 year campaign to have mobile termination rates regulated then set.
- Advised on RBI and UFB regulatory issues.
- Advised on sub-loop unbundling, unbundled bitstream access & unbundled copper local loop issues and other Telecommunications Act matters.
Energy
- Advised bidders for regulated assets on competition & regulatory issues.
- Acted on the establishment of open access regimes in the gas industry.
- Acted for electricity generator/retailers seeking access, and gas pipelines access seekers.
- Acted for an electricity lines business in relation to its obligations to disclose regulatory accounts.
Aviation
- Acting for a major airline in the Air Cargo cartel proceedings (while at a previous firm)
- Expert evidence on New Zealand aviation law.
- Various matters under the Civil Aviation Act 1990, including authorisations and “Commission Regime” notices (1983) issues.
- Advised on the Warsaw Convention.
- Acted on aspects of the proposed Qantas / Air New Zealand alliance, and represented over 5 other airlines and an industry body at different times.
Dairy
- Acted for major dairy players on access and pricing issues, including the establishment of access regimes, and advice on obligations under generic competition law and the Dairy Industry Restructuring Act 2001.
- Advised players on the Kotahi shipping arrangements.
- Assisted with submissions to the Productivity Commission.
Postal services
- Acted for a postal operator for a number of years on its access pricing obligations, including under private treaty, the Postal Services Act 1998 and the Postal Services (Information Disclosure) Regulations 1998.
Financial Markets
- Acting for Du Val Group on an appeal against a direction order made by the Financial Markets Authority (while at a previous firm)
- Acting for a lender investigated and prosecuted by the Commerce Commission for breaches of the Credit Contracts and Consumer Finance Act 2003 (while at a previous firm)
- Providing compliance advice on financial markets legislation and the CCCFA
Data & other IP
- Acted for various data access providers in setting their access strategies, including assisting them in developing costing methodologies and pricing.
- Successfully defending those arrangements, including on bundling (using an imputation test).
- Acting for a major market research company on various access pricing issues, including the establishment of the strategies around access pricing and refusals to supply access (raw data, software and related data services etc).
- Developed arguments about the interface of IP and competition law for various data providers.
Recognition
Our awards include Andrew Matthews being named Exclusive Winner, Client Choice award – Telecommunications Lawyer of the Year – New Zealand (International Law Office, 2013) and Matthews Law being named TMT Specialists of the Year – New Zealand (Acquisition International, 2014). Andrew Matthews also regularly appears in Who’s Who Legal – Transport (aviation) and Who’s Who Legal – TMT.