31 May 2012
KUEHNE + NAGEL INTERNATIONAL AG V COMMERCE COMMISSION COA CA821/2011
- Citation
- COA CA821/2011
- Court
- Court of Appeal
The Court upheld the High Court: the Commission established a good arguable case that conduct by Kuehne + Nagel NZ in New Zealand could be attributed to the Swiss parent under s 90(2) of the Commerce Act 1986 and there are serious issues to be tried on the five alleged price fixing agreements (WRS 2001, UK NES, Air AMS, Italian SAF, Canadian ACI); therefore the protest to jurisdiction was correctly dismissed and the appeal is dismissed.