The client is given 15 working days instead of 10 in the third edition to respond to the advisor if he considers that a derogation has occurred (Kl 7.1). It is now mandatory for the customer to justify his decision, although the agreement remains silent on the effects of a breach by the customer. Why is it generally considered that agreements between SMEs do not have a significant impact on competition? The CCCS is an agreement that governs the relationship between the client and the consulting engineer. At the end of 2017, a 4th revised edition of this contract was published. This webinar provides an overview of the contract, the new provisions and some important clauses that govern liability. 7. Other examples are price recommendations and the dissemination of economically sensitive information. Once your selection is made, prepare a draft agency purchase agreement (APA) for the commitment to be concluded by your agency and the supplier of your choice. If you select multiple vendors, a separate APA must be concluded for each vendor. The default form of APA is the Crown version of the Contract Terms for Consulting Services (CCCS), but you and your selected provider can use another form of contract if you wish. One of the most widely used standard form consulting contracts in New Zealand, the Contractual Terms and Conditions for Consulting Services (commonly referred to as “CCCS” and formerly “IPENZ CCCS”) has recently been updated and is available for use. It should be stressed, however, that these market share thresholds are indicative. There may be significant negative effects on competition, even if the total market share of the parties is below the thresholds indicated.

For example, certain cartels with competitors, such as price cartels, supply manipulation and market allocation, will always have a significant impact on competition, regardless of the market shares held by the parties. Therefore, even if the parties have small market shares, they should not enter into such agreements. If an agreement only concerns parties with a small market share, are there competition concerns? NZGP has developed a guidance document outlining the elements that should be taken into consideration by the parties when incorporating key and project-specific changes into their consulting agreements. The guide can also be read online. Net economic benefit refers to a situation where an agreement has economic benefits that outweigh the adverse effects on competition. Such agreements may, for example, improve production or distribution or promote technical or economic progress. The agreement should contain only those restrictions which are strictly necessary to obtain those advantages and should not significantly eliminate competition in the relevant markets. .

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