New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Penalties under s80 commerce act

Legal area

Court

8 Aug 2017

COMMERCE COMMISSION v LODGE REAL ESTATE LTD & ORS [2017] NZHC 1875

Citation

[2017] NZHC 1875
Court

High Court

The Court declared Online contravened s27 via s30; having regard to market structure, seriousness, Online's role as participant, parity with comparable cases and mitigating cooperation, the Court accepted a starting range of $1.5–1.8 million, applied a 40% discount and imposed a pecuniary penalty of $1,050,000; the Court also granted a three year staged payment schedule as justified by Online's financial evidence and not opposed by the Commission.
1 Jul 2016

COMMERCE COMMISSION v LODGE REAL ESTATE LTD & ORS [2016] NZHC 1494

Citation

[2016] NZHC 1494
Court

High Court

The defendant admitted contravening s27 via s30; having assessed seriousness, role, duration and comparable authorities the Court adopted a starting range of $1.4m–$1.7m and applied a 45% discount for early admission and cooperation, resulting in a final penalty of $900,000 which the Court imposed and made a declaration of contravention.