28 Oct 2010
COMMERCE COMMISSION V SIEMENS AG HC AK CIV 2007-404-2165
- Citation
- openlaw-d9611b2e_95a9_4128_bc1e_4c02f2beee9c.pdf
- Court
- High Court
The Court found a thin New Zealand market for high voltage GIS existed but the Commission failed to prove on the balance of probabilities that Siemens gave effect to cartel price-fixing in the three budgetary responses. Factually the alleged cartel provisions did not demonstrably govern valuation-type budget enquiries, Siemens' contemporaneous internal MP-Kalk/VDB processes and the responsible employees' independent judgments produced the figures, and there was no reliable evidence Siemens implemented cartel price lists for the three transactions. As interpreted, s30 does not extend to remote…