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Commerce Commission v Lodge Real Estate Ltd - [2019] 2 NZLR 168


Court of Appeal Wellington
CA678/2017; [2018] NZCA 523
25, 26 and 27 September; 23 November 2018
Asher, Brown and Gilbert JJ
Competition law — Price fixing — Real estate agencies ceasing to absorb cost of vendor advertising on Trade Me and to withdraw all listings three months later — Whether arrangement or understanding in terms of Commerce Act 1986 — Whether moral obligation an element of proving arrangement — Whether agencies gave effect to arrangement or understanding — Whether effect of arrangement or understanding was to, or likely to, fix, control or maintain price — Whether High Court erred in not admitting respondents’ expert evidence — Commerce Act 1986, ss 27 and 30.

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