Union Shipping NZ Ltd v Port Nelson Ltd - [1990] 2 NZLR 662

Commercial law — Commerce Act — Dominant position in market — Port company required port users to enter into licence which required users to pay a levy including a component for plant hire even if users used their own plant — Whether the port company was in a dominant position in the market — Whether the port company had used its dominant position to prevent or deter competitive conduct — Commerce Act 1986, s 36.

Commercial law — Commerce Act — Restrictive trade practice — Port company required port users to enter into licence which originally provided that users would use the port company's plant even if the users had their own plant, and later provided that users pay a levy which included a component for plant hire even if users used their own plant — Users refused to sign licence — Whether unsigned licence was a contract which substantially lessened competition in the market in breach of s 27 of the Commerce Act — Whether there was an attempt by the port company to breach s 27 — Whether the attempt substantially lessened competition in the market as a whole — Waterfront Industry Commission Act 1976, s 49 — Commerce Act 1986, ss 27, 81 and 82.