sec.39Matters competition authority must consider when investigating

sec.39 Matters competition authority must consider when investigating

The competition authority must consider the competitive neutrality criteria when investigating a competitive neutrality complaint. The following matters are the competitive neutrality criteria — the need to ensure the competitive neutrality principle is complied with; any council policies about the competitive neutrality principle, including, for example— directions the council gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and arrangements between the council and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and policies on economic and regional development issues, including, for example, policies on employment and investment growth; council policies, or a law, about— ecologically sustainable development; or industrial relations; or occupational health and safety; the need to promote competition; the need to allocate resources efficiently. Subsection (1) does not limit the matters the competition authority may consider when investigating a competitive neutrality complaint. s 39 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 (sec.39-ssec.1) The competition authority must consider the competitive neutrality criteria when investigating a competitive neutrality complaint. (sec.39-ssec.2) The following matters are the competitive neutrality criteria — the need to ensure the competitive neutrality principle is complied with; any council policies about the competitive neutrality principle, including, for example— directions the council gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and arrangements between the council and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and policies on economic and regional development issues, including, for example, policies on employment and investment growth; council policies, or a law, about— ecologically sustainable development; or industrial relations; or occupational health and safety; the need to promote competition; the need to allocate resources efficiently. (sec.39-ssec.3) Subsection (1) does not limit the matters the competition authority may consider when investigating a competitive neutrality complaint.

• (a) the need to ensure the competitive neutrality principle is complied with;
• (b) any council policies about the competitive neutrality principle, including, for example— (i) directions the council gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and (ii) arrangements between the council and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and (iii) social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and (iv) policies on economic and regional development issues, including, for example, policies on employment and investment growth;