New Zealand Case Law: Decisions & Judgments

Topic

Pecuniary penalties under s80

Legal area

Court

28 Nov 2016

COMMERCE COMMISSION v PROPERTY BROKERS LTD & ORS [2016] NZHC 2851

Citation

[2016] NZHC 2851
Court

High Court

The Court declared Manawatu (1994) Ltd contravened s27 by participating in a regional price‑fixing agreement and imposed a pecuniary penalty of NZD 1,250,000 under s80(1), adopting a starting point range of NZD 1.5–1.8 million and applying a 25–30% discount for cooperation and no prior contraventions; ordering NZD 25,000 contribution to investigation costs and setting a payment schedule.
13 Jun 2011

COMMERCE COMMISSION V DEUTSCHE BAHN AG AND OTHERS HC AK CIV-2010-404-5479

Citation

openlaw-6b70b394_02a3_4918_84e3_2046f0db0c47.pdf
Court

High Court

The Court held the admitted cartel conduct breached s27 via s30 and that the agreed starting points, application of totality and parity principles, and discounts for mitigation produced penalties within the proper range; accordingly the Court approved the agreed pecuniary penalties and costs for BAX, Schenker and Panalpina and ordered payment accordingly.
11 May 2011

THE COMMERCE COMMISSION V QANTAS AIRWAYS LIMITED HC AK CIV 2008-404-8366

Citation

openlaw-2967aa73_2fe0_4bcb_89f9_3ce98fc9007b.pdf
Court

High Court

Having accepted Qantas's admissions of entering into and giving effect to the FSU in breach of ss27/30, the Court fixed an aggregate starting point of $13,000,000 for all admitted conduct, applied a 50% discount for extensive cooperation, remediation, first-offender status and other mitigating factors, and therefore approved the parties' agreed pecuniary penalty of $6,500,000 and costs of $100,000 as within the proper range given deterrence, market impact and precedent.

New Zealand Case Law

COMMERCE COMMISSION v PROPERTY BROKERS LTD & ORS [2016] NZHC 2851

COMMERCE COMMISSION V DEUTSCHE BAHN AG AND OTHERS HC AK CIV-2010-404-5479

THE COMMERCE COMMISSION V QANTAS AIRWAYS LIMITED HC AK CIV 2008-404-8366