Existing Reforms in the Commerce Amendment Bill saved by the Government	New Reforms by Government	Previous Government reforms not saved
	Undertakings as to damages - Exempts the Commerce Commission from the requirement to give an undertaking as to damages when seeking an interim injunction.
	Scope of price fixing offence - Section 30 deems price fixing to substantially lessen competition. In response to submissions, the Government retains the status quo.	The National Government proposed extending the types of arrangements that are deemed to substantially lessen competition to include bid rigging, market allocation, and output limitation agreements. However submitters identified that this change would also capture pro-competitive agreements such as franchise arrangements.

Existing Reforms in the Commerce Amendment Bill saved by the Government	New Reforms by Government	Previous Government reforms not saved
Indemnification of agents - Body corporates are prohibited from indemnifying their agents in respect of liability or costs relating to pecuniary penalties imposed for breach of certain restrictive trade practices.	In response to submissions, the Government has modified the extent of the prohibition against indemnification to relate to price fixing arrangements only, where it is clear what conduct constitutes a breach.	The National Government provided that this prohibition would apply to a wide range of restrictive trade practice offences. Submitters pointed out the uncertainty as to whether certain practices breached the Act meant that this prohibition would strongly deter business conduct.
Pecuniary penalties - The maximum amount of pecuniary penalty for a body corporate is increased to the greater of: $5 milllion; Three times the value of any commercial gain or expected commercial gain, or If commercial gain is not known, 10% of the turnover of the body corporate and its interconnected bodies corporate (if any).	It is proposed to further supplement these penalties by increasing the maximum fine of $5 million to $10 million, while retaining the other options.

Existing Reforms in the Commerce Amendment Bill saved by the Government	New Reforms by Government	Previous Government reforms not saved
Post-authorisations - Previously the Commission could not grant an authorisation if the restricted trade practice has started. This amendment allows the Commission to give post-authorisation for certain restrictive trade practices under specified conditions.
Orders against individuals - The maximum amount of pecuniary penalty for an individual is retained at $500,000. However, a new provision requires the court to make an order of pecuniary penalties against individuals who are offenders, unless there are good reasons not to do so.

Existing Reforms in the Commerce Amendment Bill saved by the Government	New Reforms by Government	Previous Government reforms not saved
Order should take into account commercial gain - The matters courts must have regard to when making an order for pecuniary penalties is amended to emphasis that courts should have regard to the nature and extent of any commercial gain.
Statutory limitation period - The limitation period for bringing offences is extended so that the 3 years limitation runs from the date the contravention was discovered, rather than the date the contravention occurred.

Existing Reforms in the Commerce Amendment Bill saved by the Government	New Reforms by Government	Previous Government reforms not saved
Banning serious offenders - The courts may ban serious offenders from being involved in the management of a body corporate for a period up to 5 years.
Exemplary damages - New provisions clarify that the courts may make orders for exemplary damages in addition to pecuniary penalties for the same conduct.

Existing Reforms in the Commerce Amendment Bill saved by the Government	New Reforms by Government	Previous Government reforms not saved
Interests of consumers - A new provision provides that the courts must give weight to the interests of consumers when deciding whether to grant an interim injunction.
Cease and desist orders - Empowering the Commerce Commission to issue cease and desist orders. This is an additional enforcement tool available to the Commission.