September 2010
Guidelines on recognising and deterring bid rigging released by Commerce Commission
3 September 2010
The Commerce Commission has today released three related resources to assist purchasers in both the public and private sectors in recognising and deterring bid rigging.
Relates to: Business Competition
Commerce Commission files freight forwarding cartel proceedings and settles with two defendants
2 September 2010
The Commerce Commission has filed proceedings in the High Court in Auckland against a number of companies accused of anti-competitive conduct in the freight forwarding market.
Relates to: Business Competition
Balmoral Homes directors fined and ordered to pay reparation for Fair Trading Act breaches
1 September 2010
Two directors of a Christchurch-based building company that has gone into liquidation pleaded guilty to multiple charges of breaching the Fair Trading Act in the Christchurch District Court today. They have been fined $15,000 each and have been ordered to pay a total of $97,000 in reparation and a further $30,000 for emotional harm reparation in total for six complainants.
Relates to: Fair Trading
Rental car companies and directors fined for misleading consumers
1 September 2010
Two Christchurch-based rental car companies, Affinity Car Rental New Zealand Limited and Euro Car Rental New Zealand Limited, and their directors, Kylee and Gary Harris, have pleaded guilty to 18 charges of breaching the Fair Trading Act. The Christchurch District court today imposed fines and costs totalling $37,960 as well as ordering a total of $5,750 to be paid in reparation to affected consumers.
Relates to: Fair Trading
August 2010
Commerce Commission draft report recommends resale deregulation
26 August 2010
The Commerce Commission has today released its draft report into whether the services that Telecom provides to other telecommunications companies to be resold should remain subject to the Telecommunications Act 2001.
Relates to: Telecommunications
Warning for Trade Me car advertisers
20 August 2010
The Commerce Commission is reminding people who frequently sell motor vehicles on Trade Me or similar sites to be aware of their legal obligations when advertising and selling motor vehicles.
Relates to: Fair Trading
Fair Trading Act guidelines for bundled telecommunications products issued
20 August 2010
The Commerce Commission has today issued guidelines to help telecommunications retailers better understand their Fair Trading Act obligations in relation to the disclosure of bundled telecommunications products.
Relates to: Fair Trading, Telecommunications
Court of Appeal clarifies intention under the Fair Trading Act
19 August 2010
A decision delivered by the Court of Appeal on Monday in a case involving the Commerce Commission and Progressive Enterprises Limited has clarified the interpretation of Section 17 of the Fair Trading Act.
Relates to: Fair Trading
Commerce Commission draft decision: Reset default price-quality path to include a revenue differential term
13 August 2010
The Commerce Commission today released its consultation paper with a draft decision to amend the default price-quality path (DPP) applying to electricity distribution businesses (EDBs) for the period 2010-2015 by including a revenue differential term.
Relates to: Pan Industry Projects, Electricity
Souvenir company fined for misleading ‘New Zealand made’ claims
9 August 2010
A Christchurch-based company that supplies souvenir and gift shops at airports and major tourist destinations throughout New Zealand has been fined $48,000 in the Christchurch District Court today.
Relates to: Fair Trading
Commerce Commission releases draft review of unbundled local loop backhaul services
6 August 2010
The Commerce Commission today released a draft report on its review of where Telecom faces competition in the provision of backhaul services for the unbundled copper local loop.
Relates to: Telecommunications
Commerce Commission releases starting price adjustment consultation paper
5 August 2010
The Commerce Commission has today released a consultation paper on its proposed framework for making ‘starting price adjustments’ under a default price-quality path (DPP) applied to non-exempt electricity distribution businesses and to gas pipeline businesses.
Relates to: Gas Pipelines
Indicative process for regulation of mobile termination rates
4 August 2010
The Commerce Commission has announced its indicative process for determining mobile termination rates, following today’s announcement by the Minister for Communications and Information Technology, Stephen Joyce, that he has accepted the Commission’s recommendation to amend the Telecommunications Act 2001 to allow the regulation of mobile termination access services.
Relates to: Telecommunications
July 2010
Budget Loans pleads guilty to misleading – $500,000 returned to consumers
26 July 2010
Budget Loans Limited has pleaded guilty to 34 charges of breaching the Fair Trading Act in the Auckland District Court today. The charges relate to misleading claims made by Budget Loans that it was entitled to recover certain interest and fees from its debtors, when as a matter of law it was not. Budget Loans have been fined $30,750.
Relates to: Fair Trading, Consumer Credit
Beware of credit card scam
23 July 2010
The Commerce Commission is urging New Zealanders not to fall for a scam in which people are being phoned and told they are eligible for a refund for overcharges on their credit card, but they have to pay the scammers money in order to receive the payment.
Relates to: Fair Trading
$100,000 penalties imposed in Waikato pathology services case
23 July 2010
The High Court in Auckland has imposed penalties on New Zealand Diagnostic Group and Pathology Associates Limited after they admitted being parties to an anti-competitive agreement concerning community pathology testing services in the Waikato area.
Relates to: Business Competition
Commerce Commission directs payment of $45 million to ANZ/ING investors
21 July 2010
The Commerce Commission has determined the payment method for distribution of the $45 million settlement fund agreed with ANZ National Bank Limited (ANZ) and ING (NZ) Limited (ING) in respect of the ING Diversified Yield Fund (DYF) and ING Regular Income Fund (RIF).
Relates to: Fair Trading, Consumer Credit
Commerce Commission urges caution again over holiday vouchers
19 July 2010
Consumers should exercise caution when approached by telemarketers selling vouchers for discounted or free holidays, hotels and flights, the Commerce Commission warned today.
Relates to: Fair Trading
Telecom settles over wholesale loyalty offer – $1.6 million to be paid in compensation
9 July 2010
The Commerce Commission has reached a $1.6 million settlement with Telecom Corporation of New Zealand Limited. The settlement follows a Commission investigation launched after receiving complaints from the telecommunications industry alleging that Telecom Wholesale’s ‘loyalty offers’ breached Telecom’s Separation Undertakings.
Relates to: Telecommunications
June 2010
Reasons for price increases must not be misrepresented
30 June 2010
The Commerce Commission is reminding businesses of their obligation under the Fair Trading Act not to mislead consumers about the reasons for price increases.
Relates to: Fair Trading
Commerce Commission releases draft decisions on individual price-quality path for Transpower
28 June 2010
The Commerce Commission has today released its draft decisions and reasons on the application of individual price-quality regulation to Transpower. It complements a paper published on Friday 25 June 2010, setting out the Commission’s draft decisions and reasons on the input methodologies to be applied to Transpower.
Relates to: Pan Industry Projects, Electricity
Tomarata Sand granted clearance to acquire Coastal Resources
25 June 2010
The Commerce Commission has granted clearance to Tomarata Sand Limited to acquire the assets and business of Coastal Resources Limited relating to sand mining operations at Tomarata in Northland.
Relates to: Business Competition
Commerce Commission releases draft decisions on Input Methodologies for Transpower
25 June 2010
The Commerce Commission has today published the fourth in a series of papers important to the development of input methodologies for regulated industries under Part 4 of the Commerce Act.
Relates to: Pan Industry Projects, Electricity
Preformed Line Products granted clearance to buy Electropar
24 June 2010
The Commerce Commission has granted clearance for Preformed Line Products Company to acquire Electropar Limited.
Relates to: Business Competition
Commerce Commission commences competition review of UBA service
23 June 2010
The Commerce Commission today commenced a review to determine whether Telecom New Zealand Ltd faces limited competition in the provision of the unbundled bitstream access (UBA) service.
Relates to: Telecommunications
Scandinavian Tobacco applies for clearance to acquire Swedish Match
22 June 2010
The Commerce Commission has received an application from Scandinavian Tobacco Group seeking clearance to merge their New Zealand cigar and pipe tobacco business with Swedish Match.
Relates to: Business Competition
Commerce Commission settles with ANZ and ING over investment funds
22 June 2010
In its largest monetary settlement to date, the Commerce Commission has secured $45 million for thousands of New Zealanders who invested in two funds marketed by ING (NZ) Limited (ING) and ANZ National Bank Limited (ANZN). This settlement follows an investigation into alleged breaches of the Fair Trading Act relating to the marketing and promotion of the funds by ING and ANZN.
Relates to: Fair Trading
Commerce Commission releases draft decisions on Input Methodologies for gas pipeline businesses
21 June 2010
The Commerce Commission has today published the third in a series of papers important to the development of input methodologies for regulated industries under Part 4 of the Commerce Act.
Relates to: Pan Industry Projects, Gas Pipelines
AMP granted clearance to buy AXA’s Australian and New Zealand businesses
21 June 2010
The Commerce Commission has granted clearance for AMP Limited to acquire the Australian and New Zealand operations of AXA Asia Pacific Holdings Limited.
Relates to: Business Competition
1300 broadband customers to get refunds following Commerce Commission investigation
18 June 2010
The Commerce Commission has reached a settlement with Telecom New Zealand Ltd (Telecom) under which Telecom will notify and refund approximately 1300 customers who may have been misled by a broadband promotion it conducted in 2008.
Relates to: Fair Trading, Telecommunications
Commerce Commission releases draft decisions on Input Methodologies for electricity distribution businesses
18 June 2010
The Commerce Commission has reached another significant milestone in the development of input methodologies for regulated industries under Part 4 of the Commerce Act. It has today released a paper setting out its draft decisions and reasons on the input methodologies to be applied to electricity distribution businesses (EDBs).
Relates to: Pan Industry Projects, Electricity
Commerce Commission recommends regulation of mobile termination access services
16 June 2010
In its reconsideration report issued today, the Commerce Commission has recommended under the Telecommunications Act that the Minister for Communications and Information Technology regulate mobile termination access services (MTAS), and not accept undertakings from Telecom and Vodafone.
Relates to: Telecommunications
Divestment guidelines released
4 June 2010
The Commerce Commission has today released guidelines on how it will consider divestment undertakings as part of an application for clearance for a business merger or acquisition.
Relates to: Business Competition
Car finance company fined for breaching consumer laws
1 June 2010
An Auckland-based car finance company has pleaded guilty to breaching the Credit Contracts and Consumer Finance Act (CCCF Act) and the Fair Trading Act in relation to car loan contracts. Dolbak Finance Limited has been fined a total of $2000 in the Auckland District Court yesterday.
Relates to: Fair Trading, Consumer Credit
May 2010
Important milestone in setting regulatory regime for airports
31 May 2010
The Commerce Commission has reached an important milestone in the setting of a new regulatory regime for airports under Part 4 of the Commerce Act.
Relates to: Pan Industry Projects, Airports
More false country of origin claims on Royal Jelly product result in fines
28 May 2010
A second company selling Royal Jelly in Auckland souvenir stores, falsely claiming its product to be New Zealand made, has been convicted and fined in the Auckland District Court yesterday. Shim’s International Limited, trading as Royal Deer of New Zealand was fined $6,000.
Relates to: Fair Trading
Commerce Commission advises industry on credit card late payment fees
21 May 2010
The Commerce Commission has issued compliance advice letters to a number of banks and credit card providers (issuers) following an investigation into the reasonableness of credit card exception fees.
Relates to: Consumer Credit
Preformed Line Products applies for clearance
20 May 2010
The Commerce Commission has received an application from Preformed Line Products Company seeking clearance to acquire Electropar Limited.
Relates to: Business Competition
New requirements for Telecom’s regulatory financial statements published
18 May 2010
The Commerce Commission today published the new information disclosure requirements that Telecom must follow when preparing its regulatory financial statements.
Relates to: Telecommunications
Commerce Commission broadband quality report shows improvement in web browsing speed
18 May 2010
The Commerce Commission has released its report on New Zealand broadband quality covering the period 1 July to 31 December 2009. The report examines the quality of broadband services provided by New Zealand’s internet service providers (ISPs).
Relates to: Telecommunications
Commerce Commission recommends regulation of mobile termination access services in draft report
12 May 2010
In a draft reconsideration report issued today, the Commerce Commission has indicated that its preliminary view is to recommend that the Minister for Communications and Information Technology regulate mobile termination access services, and not accept undertakings from Telecom and Vodafone.
Relates to: Telecommunications
Revised draft credit fees guidelines released
12 May 2010
The Commerce Commission today released revised draft guidelines outlining the Commission’s enforcement approach to credit fees under the Credit Contracts and Consumer Finance Act (CCCF Act).
Relates to: Consumer Credit
Mortgage break fees investigation by Commerce Commission concluded
11 May 2010
The Commerce Commission has concluded its investigation under the Credit Contracts and Consumer Finance Act (CCCF Act) into the mortgage break fees charged by banks when customers repay their fixed-rate loans early.
Relates to: Consumer Credit
Settlement reached over breaches of consumer legislation
11 May 2010
In a settlement reached with the Commerce Commission, Foundation Custodians, a non-bank financier, has admitted breaching the Credit Contracts and Consumer Finance Act (CCCF Act) and the Fair Trading Act in relation to fees charged on early loan repayments. The company will provide refunds of $200,000 to affected customers.
Relates to: Fair Trading, Consumer Credit
Novartis granted clearance to acquire 52.15% shareholding in Alcon
6 May 2010
The Commerce Commission has granted clearance for Novartis AG to acquire Nestlé S.A.’s 52.15 per cent shareholding in Alcon, Inc.
Relates to: Business Competition
Consumers misled by imported royal jelly passed off as NZ-made
5 May 2010
A company that sold a product made from royal jelly imported from China, with labels that implied the product was made in New Zealand, has been fined $15,000 in the Auckland District Court yesterday.
Relates to: Fair Trading
AMP applies for clearance to acquire AXA Asia Pacific
3 May 2010
The Commerce Commission has received an application from AMP Limited seeking clearance to acquire the Australian and New Zealand assets and business of AXA Asia Pacific Holdings Limited.
Relates to: Business Competition
April 2010
Company executive fined for Fair Trading Act breach
30 April 2010
The former managing director of a timber company that has gone into liquidation has pleaded guilty to 36 charges of breaching the Fair Trading Act in relation to misleading timber retailers and consumers about the characteristics of timber frames and roof trusses.
Relates to: Fair Trading
Gisborne Farmers Market agrees to remove pricing rule
28 April 2010
The Commerce Commission has concluded its investigation into an allegation of price-fixing by the Committee of Gisborne Farmers Market. A settlement has been reached which has resolved the issue without any need for court action, and ensures that prices at the market will be set by the individual stall holders.
Relates to: Business Competition
Commerce Commission process for reconsideration of mobile termination access services recommendation
27 April 2010
The Commerce Commission has today released a letter outlining its indicative process and timeline to reconsider its recommendation in the mobile termination access services investigation that undertakings from Telecom and Vodafone should be accepted as an alternative to regulation
Relates to: Telecommunications
Court injunction granted against water filter companies
26 April 2010
Three companies involved in selling Love Springs branded water filters door to door have been restrained from engaging in conduct which is alleged to breach the Fair Trading Act, as a result of an interim injunction obtained by the Commerce Commission.
Relates to: Fair Trading
Statement of preliminary issues available for Tomarata Sand’s clearance application
26 April 2010
The Commerce Commission has published a statement of preliminary issues relating to an application seeking clearance received from Tomarata Sand Limited, which is owned by Stan Semenoff.
Relates to: Business Competition
2009 annual monitoring report shows increasing competition in telecommunications markets
23 April 2010
The Commerce Commission has today released its 2009 telecommunications monitoring report analysing the state of New Zealand telecommunications markets.
Relates to: Telecommunications
Hoyts granted clearance to buy Berkeley exhibition business
21 April 2010
The Commerce Commission has granted clearance for Hoyts Corporation Holdings (NZ) Limited to acquire the Berkeley film exhibition business from Everard Entertainment Limited.
Relates to: Business Competition
‘Text to win’ company pleads guilty to Fair Trading Act breach
21 April 2010
An overseas-based company that ran a series of text to win trivia competitions has pleaded guilty to breaching the Fair Trading Act by not properly disclosing all the terms and conditions related to the competitions.
Relates to: Fair Trading
Commerce Commission invites Minister to consider Vodafone’s new on-net pricing plan
20 April 2010
In response to a query from the Minister for Communications and Information Technology, the Commerce Commission has invited the Minister to consider the launch of Vodafone’s Talk Add-on product in his assessment of whether Telecom’s and Vodafone’s mobile termination access services (MTAS) undertakings should be accepted.
Relates to: Telecommunications
VDSL decision confirmed by Commerce Commission
16 April 2010
The Commerce Commission has today issued a decision related to Telecom’s use of VDSL technologies in the provision of wholesale broadband services.
Relates to: Telecommunications
Supreme Court overrules Commission’s ability to pursue overseas resident
16 April 2010
The Commerce Commission has today received judgment from the Supreme Court in relation to an issue of jurisdiction relating to individuals resident overseas who are alleged to have breached the Commerce Act.
Relates to: Business Competition
Summary and analysis report of Telecom’s 2009 regulatory financial statements published
15 April 2010
The Commerce Commission today published its summary and analysis of Telecom Corporation of New Zealand Limited’s first regulatory financial statements for the financial year ending 30 June 2009.
Relates to: Telecommunications
Commerce Commission recommends type of regulation to apply to Transpower
14 April 2010
The Commerce Commission has recommended to the Minister of Commerce that Transpower be subject to individual price-quality regulation following the expiry of its administrative settlement with the Commission.
Relates to: Pan Industry Projects, Electricity
Tomarata Sand applies for clearance to acquire Coastal Resources
13 April 2010
The Commerce Commission has received an application from Tomarata Sand Limited seeking clearance to acquire the assets and business of Coastal Resources Limited.
Relates to: Business Competition
Novartis AG applies for clearance
1 April 2010
The Commerce Commission has received an application from Novartis AG seeking clearance to acquire the majority shareholding in Alcon, Inc.
Relates to: Business Competition
Commerce Commission closes investigation into music copyright holders
1 April 2010
A Commerce Commission investigation has resulted in a voluntary change of rules in the music copyright industry that will allow for competition to occur, to the benefit of those who purchase licenses for copyrighted music.
Relates to: Business Competition
March 2010
Wings and Wheels over Waikato organiser sentenced
30 March 2010
Kenneth James Ross, the organiser of the failed air and car show Wings and Wheels over Waikato, was sentenced to nine months home detention and 200 hours community service in the Hamilton District Court today.
Relates to: Fair Trading
Cash Converters settles with Commerce Commission over payday loans
24 March 2010
The Commerce Commission has reached a settlement with Cash Converters and its associated companies in New Zealand.
Relates to: Consumer Credit
Hoyts NZ applies for clearance
17 March 2010
The Commerce Commission has received an application from Hoyts Corporation Holdings (NZ) Limited (Hoyts NZ) seeking clearance to acquire the film exhibition business assets of the Berkeley Cinema Group (Berkeley).
Relates to: Business Competition
Commerce Commission acknowledges select committee report
17 March 2010
The Commerce Commission acknowledges the findings of a Commerce Committee report into a case involving a Northland man who felt he had not been dealt with fairly by the Commission over the consequences of a merger decision reached 24 years ago.
Relates to: Business Competition
Car dealership company pleads guilty to breaching Fair Trading Act
16 March 2010
An Auckland based car dealership has pleaded guilty to five charges of breaching the Fair Trading Act for a misleading promotion about a 0% interest finance offer. They have been fined $18,000 in the North Shore District Court today.
Relates to: Fair Trading
Real estate agent’s appeal upheld because of new Act
10 March 2010
A Wellington real estate agent, who was successfully prosecuted under section 14 of the Fair Trading Act for misleading use of a Buyer Enquiry Over price, has been discharged without conviction by the High Court following an appeal.
Relates to: Fair Trading
Proceedings against Commissioner Donal Curtin
9 March 2010
The Commerce Commission has been advised that court proceedings have been filed against Commissioner Donal Curtin, relating to his private role as an investment adviser.
Calf feed company fined for Fair Trading Act breach
5 March 2010
A company that manufactured and sold a calf feed that did not meet its advertised specifications has pleaded guilty to eight charges of breaching the Fair Trading Act. Mainfeeds Limited (formerly known as PCL Limited) has been fined $125,000 in the Auckland District Court today.
Relates to: Fair Trading
Cartel leniency policy updated by Commerce Commission
1 March 2010
The Commerce Commission has today released its updated cartel leniency policy.
Relates to: Business Competition
February 2010
Recommendation on mobile termination delivered to Minister
22 February 2010
The Commerce Commission today delivered its final report on mobile termination access services to the Minister for Communications and Information Technology.
Relates to: Telecommunications
Commerce Commission commences review of data price
19 February 2010
The Commerce Commission today commenced a review of the cost of data transmission in the unbundled bitstream access (UBA) standard terms determination.
Relates to: Telecommunications
Draft decision released by Commerce Commission on VDSL services
18 February 2010
The Commerce Commission today released its draft decision on how the application of the unbundled bitstream access standard terms determination (UBA STD) relates to services delivered over VDSL.
Relates to: Telecommunications
Commerce Commission receives revised undertakings from Telecom
11 February 2010
The Commerce Commission has been informed by Telecom that they will be providing revised undertakings in relation to the Commission’s investigation into mobile termination rates.
Relates to: Telecommunications
Retailer warned over voucher promotion
9 February 2010
The Commerce Commission is reminding retailers that, when offering free gifts or prizes, they should ensure that the fine print does not materially alter the terms of the offer.
Relates to: Fair Trading
Trade Me seller warned against anti-competitive behaviour
3 February 2010
The Commerce Commission has issued a formal warning under the Commerce Act to Ernie Travers of Massey, Auckland, a Trade Me seller who, in the Commission’s view, attempted to fix prices for LED bicycle lights with another online seller.
Relates to: Business Competition
January 2010
Refund process for text to win competitions
15 January 2010
A company that ran a series of text to win trivia competitions is offering refunds to consumers who participated in the competitions.
Relates to: Fair Trading
Insurance company to refund consumers over partial payments
14 January 2010
A company which provides payment protection insurance has admitted a possible breach of the Fair Trading Act and will pay affected consumers about $37,000 in an out of court settlement with the Commerce Commission.
Relates to: Fair Trading
Telecom admits breaching Fair Trading Act - pays back $9.5m to customers
12 January 2010
In a settlement with the Commerce Commission, Telecom New Zealand Limited and Xtra Limited (Telecom) has admitted breaching the Fair Trading Act by misleading more than 130,000 broadband customers.Relates to: Fair Trading, Telecommunications
Commerce Commission watching retailers’ credit card surcharges
12 January 2010
The Commerce Commission is taking a close interest in the surcharges some retailers have introduced this week for consumers paying by credit card and will continue to monitor developments.Relates to: Business Competition
