Ministry of Business, Innovation and Employment

We support modernising the Fair Trading Act 1986 where there are issues that need to be addressed, such as the balance between criminal and civil penalties for breaches of the FTA.

However, we consider the consultation does not contain sufficient analysis to assess whether the proposed levels of penalties are appropriate, and the consultation period is not long enough for respondents to carry out their own analysis.  MBIE should gather additional information and undertake considered analysis before making any decisions on liability or pecuniary penalties.