New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 80 commerce act 1986

Legal area

Court

8 Sept 2020

COMMERCE COMMISSION v LODGE REAL ESTATE LTD [2020] NZHC 2329

Citation

[2020] NZHC 2329
Court

High Court

The consensus among Hamilton agencies constituted an arrangement that interfered with the competitive setting of price and therefore contravened ss 27 and 30. Starting points for corporate penalties were set within the range applied to comparable Hamilton participants ($1.7–$2.1m). Considering market shares, roles, absence of evidence that Lodge or Monarch were ringleaders, lack of aggravating individual factors, and parity with other attending directors, Lodge was ordered to pay $2.1 million and Monarch $1.9 million. No pecuniary penalties were ordered against Mr O'Rourke or Mr King because…
26 Mar 2014

COMMERCE COMMISSION v CARTER HOLT HARVEY LTD [2014] NZHC 531

Citation

[2014] NZHC 531
Court

High Court

The Court accepted the admitted facts established a price‑fixing understanding in the Auckland commercial MSG8 market, determined statutory maxima were far in excess of likely appropriate penalties, fixed a starting point comparable to prior cases (assessing market importance, duration, role and culpability), then applied substantial discounts for cooperation, admissions, absence of prior offending and limited commercial gain. That produced a final corporate penalty of $1,850,000 for Carter Holt and $5,000 for Mr Dodds, with parties to bear their own costs and procedural orders respecting sea…