Port Nelson Ltd v Commerce Commission - [1996] 3 NZLR 554

Commercial law — Commerce Act — Contracts or arrangements substantially lessening competition in a market — Use of a dominant position in a market to exclude or hinder entry to a market — Independent operators offering tug and pilotage services at a port — Port company providing full range of port services including tug and pilotage services through contracted party — Port company refusing to make tugs or crew available to independent pilots — Port company offering a global discount to port users taking all port services from the company — Low minimum pilotage charge offered by port company — Identification of relevant market — Whether conduct of port company substantially lessened competition in the market — Whether port company in a dominant position in the market — Whether conduct of port company amounted to use of a dominant position to hinder or eliminate competitors from the market — Penalties imposed by High Court totalling $500,000 — Whether penalties excessive or inappropriate — Commerce Act 1986, ss 3, 27, 36 and 80(2).