3 Aug 2012
TELECOM CORPORATION OF NEW ZEALAND LTD V COMMERCE COMMISSION COA CA313/2011
- Citation
- COA CA313/2011
- Court
- Court of Appeal
The Court dismissed the appeal and upheld the $12 million penalty because deterrence warranted a substantial penalty: Telecom engaged in a deliberate, senior‑sanctioned strategy that produced unquantified but significant exclusionary effects and commercial gain across the wholesale market outside major CBDs (one‑tail and two‑tail scenarios). Legal uncertainty did not mitigate penalty given Telecom's prior role advancing ECPR and lack of credible compliance attempts; proportionality and comparative authorities were considered but did not undermine the sentence.