ORDER THAT ANY SEARCH OF THE COURT FILE IS TO BE LIMITED TO THE FORMAL PLEADINGS. THE SUMMARY OF FACTS IS TO BE SEALED AND IS NOT TO BE SEARCHED.
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
COMMERCIAL LIST
CIV-2014-404-000006 [2014] NZHC 531
UNDER Sections 27, 30 and 80 of the Commerce
Act 1986
BETWEEN COMMERCE COMMISSION Plaintiff
ANDCARTER HOLT HARVEY LTD First Defendant
DEAN DODDS Second Defendant
Hearing: 19 March 2014
Appearances: J C L Dixon and V A Howell for Plaintiff
S J P Ladd and L M L Bird for First Defendant
A E Ferguson and K J Webster for Second Defendant
Judgment: 26 March 2014
JUDGMENT OF VENNING J (REDACTED COPY FOR PUBLICATION)
This judgment was delivered by me on 26 March 2014 at 11.30 am, pursuant to Rule 11.5 of the High
Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors: Meredith Connell, Auckland
Bell Gully, Auckland
Wilson Harle, Auckland
COMMERCE COMMISSION v CARTER HOLT HARVEY LTD [2014] NZHC 531 [20 March 2014]
Introduction
[1] Following an investigation the Commerce Commission (the Commission) commenced proceedings against Carter Holt Harvey Ltd (Carter Holt) and Dean Dodds for breaches of the Commerce Act 1986 (the Act). The Commission alleged Carter Holt had breached ss 27(1) and 27(2) of the Act via s 30 and that Mr Dodds had breached s 80(1)(c) by being a party to the entry of an understanding and also by being a party to giving effect to the understanding in breach of s 27(2) via ss 30 and
80(1)(c) of the Act.
[2] The Commission commenced proceedings in this Court on 20 December
2013. On the same date Carter Holt filed a notice of admission of the first and third causes of action against it and Mr Dodds filed a notice of admission of the second and fourth causes of action against him. The admissions were on the basis of an agreed statement of facts.
[3] The Commission, Carter Holt and Mr Dodds have reached agreement on the quantum of penalty that they consider appropriate. It is now for the Court to fix the quantum of that penalty.1
Background
Parties and market
[4] Carter Holt is a New Zealand registered company having its registered office in Auckland. It is comprised of two divisions: “pulp, paper and packaging” and “building supplies”. The “building supplies” division is made up of three business units, two of which are relevant for present purposes – Carter Holt Harvey Wood Products New Zealand (Wood Products) and Carters. As its name suggests, Wood Products manufactures and distributes a range of wood products, including MSG8 which is timber used for commercial construction.
[5] Wood Products is the largest supplier of structural timber in New Zealand. It supplies product to a number of building supply merchants, including Carters,
1 Commerce Act 1986, s 80(1).
Fletcher Distribution Ltd (Placemakers), Bunnings, ITM and Mitre 10. Nationally Wood Products major MSG8 structural timber customers are Placemakers and Carters. In Auckland Wood Products’ major customers are…
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