COMMERCE COMMISSION v VISY BOARD (NZ) LIMITED [2013] NZHC 2097

COMMERCE COMMISSION v VISY BOARD (NZ) LIMITED [2013] NZHC 2097

Having accepted the admitted breaches of ss 27 and 30 affecting the New Zealand market and having assessed seriousness, market value, duration, seniority, intention, potential gain, cooperation, admissions and comparable precedents (including the Australian penalty), the Court accepted the parties' negotiated...

Source-derived case information.

Citation
(2013) 13 TCLR 628
Parties
Plaintiff: Commerce Commission; First Defendant: Visy Board (NZ) Limited; Second Defendant: Visy Board Pty Limited; Fifth Defendant: J R S Carroll; Sixth Defendant: J G Hodgson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 August 2013
Procedural Posture
Penalty Hearing (commerce Act 1986) / Judgment Imposing Pecuniary Penalties Under S 80
Outcome
Penalties imposed as agreed by the parties
Legal Topics
Cartel, Price Fixing, Pecuniary Penalty, Collusion, Sentencing Principles
Competition Law Commercial Law Antitrust Enforcement Cartel Price Fixing Pecuniary Penalty Collusion Sentencing Principles

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Parties

Commerce Commission

Plaintiff

Visy Board (NZ) Limited

First Defendant

Visy Board Pty Limited

Second Defendant

J R S Carroll

Fifth Defendant

J G Hodgson

Sixth Defendant

Procedural Posture

Penalty Hearing (commerce Act 1986) / Judgment Imposing Pecuniary Penalties Under S 80

Legal Issues

  1. 1 Whether admitted understandings and conduct breached ss 27(1),(2) via s 30 and affected the NZ market under s 4
  2. 2 Appropriate quantum of pecuniary penalties under s 80 having regard to deterrence and precedent
  3. 3 Liability and appropriate penalty for an individual (Mr Carroll) as opposed to corporate defendants

Ratio Decidendi

Having accepted the admitted breaches of ss 27 and 30 affecting the New Zealand market and having assessed seriousness, market value, duration, seniority, intention, potential gain, cooperation, admissions and comparable precedents (including the Australian penalty), the Court accepted the parties' negotiated penalty figures and imposed a pecuniary penalty of NZD 3,600,000 on Visy Board Pty Limited, ordered a NZD 50,000 costs contribution, and imposed a NZD 25,000 penalty on Mr Carroll, with a 48‑hour publication deferral to permit confidentiality applications.

Court Disposition

Penalties imposed as agreed by the parties

Orders

  • Second defendant Visy Board Pty Limited to pay NZD 3,600,000 to the Commerce Commission as a pecuniary penalty under s 80 of the Commerce Act 1986.
  • Second defendant Visy Board Pty Limited to pay NZD 50,000 as a contribution towards the Commerce Commission's costs and disbursements.