Astrazeneca Limited v Commerce Commission

[2009] NZSC 13

IN THE SUPREME COURT OF NEW ZEALAND

SC 91/2008
[2009] NZSC 13

BETWEENASTRAZENECA LIMITED

Appellant

ANDCOMMERCE COMMISSION

First Respondent

ANDPHARMACEUTICAL MANAGEMENT AGENCY

Second Respondent

Court:Elias CJ, McGrath and Wilson JJ

Counsel:M N Dunning, T P Mullins and I T F Hikaka for Appellant

K L Clark QC and B Hamlin for First Respondent
M G Colson and R E Brown for Second Respondent

Judgment:25 February 2009 

JUDGMENT OF THE COURT

The application for leave to appeal is allowed on the following ground:

Did the Commission act within its powers in giving AstraZeneca a notice to supply information and documents under s 98 of the Commerce Act 1986?

Solicitors:
Lee Salmon Long, Auckland for Appellant
Commerce Commission, Wellington for First Respondent
Bell Gully, Wellington for Second Respondent