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Tru Tone Ltd v Festival Records Retail Marketing Ltd - [1988] 2 NZLR 352

$30.00

Court of Appeal Wellington
11, 12, 16 August; 19 September 1988
Richardson, McMullin, Somers, Casey and Bisson JJ
Commercial law — Commerce Act — Maximum retail pricing — Distributor of popular records to retail outlets fixed maximum retail price for each album — Distributor had about 6% of New Zealand market — Retailers sought injunction and damages — Whether civil standard of proof requires high degree of probability — Whether distributor used dominant position in market to prevent or deter competition — Whether maximum retail pricing policy substantially lessened competition — Commerce Act 1986, ss 27 and 36.

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