22 Dec 2015
COMMERCE COMMISSION v RURAL LIVESTOCK LTD [2015] NZHC 3361
- Citation
- [2015] NZHC 3361
- Court
- High Court
The Court held that Rural entered into three industry-wide fee agreements that contravened ss 27(1) and (2) and via s 30 of the Commerce Act 1986; having assessed culpability (starting point $1,600,000–$2,000,000), applied a 25% discount for early acceptance, and, given Rural's demonstrated inability to pay without risking viability, lawfully reduced the penalty to $475,000 payable by instalments while noting deterrence and totality principles.