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Commerce Commission v Fonterra Co-operative Group Ltd - [2007] 3 NZLR 767

$30.00

Supreme Court of New Zealand Wellington
SC 39/2006; [2007] NZSC 36
12 December 2006; 30 May 2007
Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ
Statutes — Interpretation — Role of purpose — Purpose to be considered even where text appears clear — Interpretation Act 1999, s 5.
Commercial law — Cooperative dairy companies — Control of price at which Fonterra to sell dairy produce to other processors — Deduction of “cost of capital rate” — Meaning of “cost of capital rate” — Whether to include cost of debt or only cost of equity — Dairy Industry Restructuring (Raw Milk) Regulations 2001 (SR 2001/326), reg 9.
Commercial law — Competition — Control of price at which Fonterra to sell dairy produce to other processors — Deduction of “cost of capital rate” — Meaning of “cost of capital rate” — Whether to include cost of debt or only cost of equity — Dairy Industry Restructuring (Raw Milk) Regulations 2001 (SR 2001/326), reg 9.

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