Cartel conduct is hard to detect because it is often conducted in secret. One way we can detect cartels is through information being reported to us.
There are three ways you can report information about cartels to the Commission.
Leniency, immunity and cooperation
Leniency and/or immunity is a key tool in detecting and deterring cartels in New Zealand. It is widely used around the world to tackle cartel conduct. To encourage those involved to report cartels, the first party to apply to the Commission can obtain leniency from civil proceedings and immunity from criminal prosecution. This includes avoiding jail time or any financial penalties. If leniency or immunity is not available, you may be able to apply to the Commission for cooperation concessions.
To be granted leniency, immunity or cooperation, companies and individuals need to cooperate fully with the Commission in its investigation and proceedings against other parties.
The Commission is responsible for making decisions about civil leniency and cooperation. The Solicitor-General is responsible for granting criminal immunity based on a recommendation from the Commission. The Solicitor-General has issued guidelines for immunity from prosecution for cartel offences.
The Cartel Leniency and Immunity Policy does not cover other types of anti-competitive conduct, such as misuse of market power by a company with substantial market power or resale price maintenance.
Applications for leniency and/or immunity or hypothetical enquiries should be made to the General Manager of the Commerce Commission’s Competition Branch during working hours (8.30am to 5pm, Monday to Friday):
If you think you have seen cartel conduct and want to report it, you can do so by completing our complaints form. Information provided to us, no matter how small, can be valuable when added to other information we may hold.
We recognise there are situations where someone who has knowledge or information about a cartel may be reluctant to report it for fear of negative consequences or reprisals. However, this knowledge may be key to detecting and breaking up cartels.
For such cases, the Commission has a secure reporting tool, WhistleB, which uses encryption methods to allow you to submit a report anonymously. The information provided through this online tool cannot be traced back to you, as long as you do not enter any information that identifies you.
How secure is the tool?
WhistleB is a reporting service provided by Navex, a global provider in this space. The tool is designed to ensure the highest possible data security and privacy settings and it encrypts any data and information provided. It is regularly tested by external security experts.
use a personal device and not a work device, in a trusted location
clear your browser history after submitting a report
ensure that you don’t include any information that may identify you – for example, your name and contact details, your role in the company, your gender, your work experience or qualifications, or how you learned about the cartel conduct
do not share your login details with anyone else
make sure that the internet connection is secure (your browser should display a lock symbol next to the URL).
To submit a confidential report through the reporting tool please copy and paste the below link into your browser and complete the form providing details of the alleged conduct:
This anonymous communication tool is for reporting cartel conduct (under the Commerce Act 1986). We may pass your report on if it raises issues that are better suited to another government organisation (for example, the Police, the Serious Fraud Office or the Department of Internal Affairs).
Please note leniency applications cannot be submitted anonymously through the reporting tool.
