Our team is recognised by clients and independent commentators for providing leading advice on the most complex and high-profile competition and anti-trust issues in the market.
Global Competition Review's GCR 100 – a guide to the world's top competition law practices – has recognised Bell Gully as an elite practice (its highest ranking in New Zealand) for the past 19 years. Chambers Asia Pacific’s 2022 edition highlights the competition expertise of four members of Bell Gully’s competition law team, with rankings that include a Band 1 partner and two Band 3 partners.
We advise on all aspects of contentious and non-contentious competition law, such as mergers and acquisitions (including applications for Commerce Commission clearance and authorisation), misuse of market power and access issues, and general advisory work. We also represent clients in Commerce Commission investigation and enforcement matters, such as cartel investigations and applications for leniency, as well as act for third party opponents to mergers and in court proceedings on behalf of market participants and the Commerce Commission.
We frequently work with leading legal and economic advisers in other jurisdictions as part of multinational merger and cartel/leniency teams and as expert witnesses in litigation.
We work alongside our clients, and often other advisors, such as economists, to develop a deep understanding of our clients' business and the industries that they work in. As a result we are able to tailor our advice to our client's specific commercial needs and assist them to achieve their goals.
Work highlights
Mylan N.V merger with Upjohn
Advised Mylan N.V. on its successful merger with Upjohn to form Viatris. Mylan was a US-based global pharmaceutical company that developed, licensed, manufactured, and distributed branded generic and specialty pharmaceuticals. Upjohn was the division of Pfizer that operated Pfizer’s off-patent branded and generic established medicines business. The matter involved working closely with instructing counsel overseas and included successfully negotiating and executing a divestment package to remedy the Commerce Commission’s concerns and obtain formal clearance.
Elanco Animal Health Incorporated acquisition
Advised Elanco Animal Health Incorporated on its agreement with Bayer AG to acquire its animal health business in a transaction worth US$6.9 billion. The matter involved working closely with instructing counsel overseas and included successfully negotiating and executing a divestment package to remedy the Commerce Commission’s concerns and obtain formal clearance.
McGraw-Hill merger with Cengage
Advised McGraw-Hill on the proposed merger with Cengage. McGraw-Hill and Cengage are both global publishers of educational products, such as textbooks and other learning materials used in educational institutions. The team secured a formal clearance from the Commerce Commission, although the transaction was ultimately abandoned.
Air New Zealand alliances
Advised key client Air New Zealand on the regulatory issues associated with its alliances with other international carriers, including to obtain formal authorisation from the Minister of Transport pursuant to the Civil Aviation Act.
Tabcorp Australia betting authorisation
Advised Tabcorp Australia on the successful application for Commerce Commission authorisation to allow Tabcorp to commingle totalisator horse and greyhound racing betting pools with the New Zealand Racing Board.
Contentious work
Cartel leniency applications
Advised on various successful applications for leniency under the Commerce Commission's cartel leniency policy.
Commerce Commission proceedings against Wilson Parking
Acted for the Commerce Commission in High Court proceedings alleging that Wilson Parking’s acquisition of a central multi-storey car park was anti-competitive behaviour in breach of s 47 of the Commerce Act 1986. The dispute involved complex economic analysis and hotly contested issues around key economic concepts including appropriate market definition.
Commerce Commission air cargo investigation into Air New Zealand
Acting for Air New Zealand in High Court proceedings brought by the Commerce Commission alleging cartel conduct in the air cargo market. The matter was successfully settled between the parties.
Commerce Commission air cargo investigation into Singapore Airlines
Advised Singapore Airlines Cargo in High Court proceedings issued by the Commerce Commission alleging cartel conduct in relation to air cargo. The matter went to a stage 1 trial (dealing with market issues) and was subsequently settled between the parties.
Carter Holt Harvey investigation
Acted for Carter Holt Harvey on the investigation of price-fixing for certain grades of structural timber in the commercial building supplies market. We worked with the Commerce Commission's investigators and counsel to resolve the investigation and resulting proceedings. This matter was a high profile one at the time given the increasing growth, and regulatory focus on, the construction sector in New Zealand.
"The team is able to throw itself into complex projects and provide the support we need to generate successful outcomes. It’s also agile enough to provide a high-level view which gets to the nub of the issues when we need a quick turnaround on an issue."
The Legal 500 Asia Pacific 2024 - Tier 1
