The relationship between competition policy and the wider legal system in New Zealand’s anti-cartel enforcement regime
David Koshy and Edward Willis
Competition and Consumer Law Journal
David Koshy and Edward Willis, ‘The relationship between competition policy and the wider legal system in New Zealand’s anti-cartel enforcement regime’ (2026) 32(2) Competition and Consumer Law Journal 109
Abstract
In this article we take up the claim that competition law is an inherently legal phenomenon, and as such must be shaped by legal principles sourced from outside of competition law. In doing so, we seek to further reveal and contextualise the tension between legal principle and substantive economic policy that lies at the heart of competition law. Specifically, we analyse two examples from New Zealand anti-cartel enforcement — the Supreme Court decision in Poynter v Commerce Commission, which addressed the extra-territorial application of competition law, and the High Court criminal sentencing decision in R v Kumar. In both cases, New Zealand competition law was forced to interact with other legal domains in ways that seemed to privilege consistency with wider legal principle over considerations of effective competition policy. Ultimately, our contribution aims to encourage more work interrogating the relationship between competition law and wider manifestations of legal principle.