28 Feb 2020
OPEN COUNTRY DAIRY LIMITED v COMMERCE COMMISSION [2020] NZHC 334
- Citation
- [2020] NZHC 334
- Court
- High Court
The High Court dismissed the judicial review application: the Commerce Commission acted within its statutory remit and did not err in law or act unreasonably. The Commission conducted a thorough, specialist review, correctly reported that Fonterra's asset beta of 0.38 was unlikely to be practically feasible but was not required or able to state that the base milk price should be recalculated; the Commission lawfully and properly verified confidential off‑GDT sales information and permissibly included that revenue in the notional calculation. No relief granted.