Competition Law and Overseas Investment Act Specialist

Alan Lear is an Auckland based commercial barrister specialising in New Zealand Competition Law (antitrust), Overseas Investment Act and Consumer laws for over 25 years.

Over those years, Alan has provided competition law advice across most industry sectors and has been involved in many Commerce Commission (NZCC) applications and court proceedings. Alan also has extensive experience in providing Overseas Investment Act advice and obtaining consents from the Overseas Investment Office (OIO).

Previously a partner in a major law firm and a solicitor at the NZCC, Alan provides prompt, straight forward and cost-effective specialist advice mainly to law firms throughout New Zealand, in-house legal counsel and overseas lawyers. If you are not a lawyer, Alan is authorised by the New Zealand Law Society to accept instructions directly from non-lawyer clients in most situations provided certain criteria are met.

Alan welcomes initial phone and email enquiries on a no-charge basis, should you wish to discuss issues related to his services below.

References can be provided on request.

Services

Competition Law

(Commerce Act 1986)

- Business acquisitions/mergers & clearance applications if required
- Cartel conduct
- Franchises & JVs
- Collaborative Activity exceptions & clearance applications to the NZCC if required
- Vertical supply contract exceptions
- Leniency Applications
- Misuse of market power
- Exclusive dealing/refusals to deal
- Resale Price Maintenance
- Authorisation applications to the NZCC
- NZCC investigations
- Industry regulation
- Court proceedings
- Compliance Training

Consumer Law

(Fair Trading Act 1986)

- Misleading and deceptive conduct
- Unfair Contracts
- Marketing and promotions
- NZCC investigations
- Court proceedings
- Compliance Training

Overseas Investment

(Overseas Investment Act 2005 and Regulations)

- Whether Ministerial or Overseas Investment Office (OIO) consent is required for overseas companies and persons:
  - Commencing business in NZ with expenditure over $100m
  - Aquiring large businesses over $100m
  - Acquiring sensitive land including residential & lifestyle properties, residential land development, rural and farm land (e.g. dairy, sheep and beef, horticulture) and forestry
  - Aquiring fishing quota
  - Aquiring strategically important businesses
- OIO applications for consent and exemptions (including for retrospective consents)
- OIO applications for acquisitions by or involving a foreign government or their related entities/agencies
- OIO consent reporting and compliance
- OIO investigations and prosecutions

Memberships

New Zealand Law Society
New Zealand Bar Association
The Law Association of NZ
Competition Law & Policy Institute of NZ (Director)

Contact

Email: alan.lear@antitrust.co.nz
Phone: +64 (0)9 366 4623
mobile: +64 (0)21 371 485
Skype: alan.lear27
Linkedin

Office: Level 9, 59-67 High Street, Auckland 1141
Postal: PO Box 28557, Remuera, Auckland 1541

Office: Level 9, 59-67 High Street, Auckland 1141

Postal: PO Box 3705, Auckland 1140