NZ's first cartel conduct prosecution begins in Auckland

February 15, 2024
Auckland District Court.

One of the directors facing charges in what is said to be New Zealand’s first criminal prosecution for cartel conduct has pleaded not guilty.

Not guilty pleas were also entered for their company.

Two construction companies and two directors were charged in action launched by the Commerce Commission last year.

The individuals charged face a maximum penalty of seven years prison, and/or a $500,000 fine.

The maximum penalty for companies is a $10m fine.

The prosecution was announced late last year, with the Commission saying at the time the case centred on what it alleges was bid rigging of publicly funded construction contracts.

“Bid rigging of publicly funded construction contracts loads extra costs onto taxpayers and the New Zealand economy as conduct of this type undermines fair competition," said chair John Small.

"Cartel conduct harms consumers through higher prices or reduced quality, and it harms other businesses that are trying to compete fairly."

The Commission said its investigation came after allegations the companies and their directors colluded to rig bids for Auckland infrastructure projects.

Defendants appeared on Thursday morning in the Auckland District Court.

The second company and its director also charged in the case have not yet entered pleas and a hearing has been scheduled for next month for that to happen.

Judge Claire Ryan issued new suppression orders for all of those charged.

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