Cartels & Investigations

We advise on all cartel matters:

• Regulatory investigations, including Commerce Commission “dawn raids”, compulsory information requests and interviews (whether mandatory or voluntary).
• Seeking leniency (also known as amnesty or immunity), including seeking “markers”, “proffers” to “perfect” leniency applications (immunity applications) and broader cooperation issues.
• The negotiation of conditional leniency agreements and cooperation agreements (or informal cooperation arrangements), normally on a “paperless” basis.
• Litigation and dispute resolution strategies, including representing clients in Court proceedings relating to competition and consumer law issues and advising on all aspects of the court process from the initiation of proceedings, through to either settlement, judgement or sentencing.
• The negotiation of settlements with the Commerce Commission.
• Advice and representation in respect of “follow-on”(third party) claims for damages from alleged cartel conduct.

A particular expertise is acting on multi-jurisdictional leniency, immunity or cooperation arrangements, where we are instructed by leading international firms or multinationals to handle the New Zealand aspects. We have been involved in most major New Zealand investigations, and frequently advise industry associations.

Major investigations and (alleged) cartel cases that we have been involved with include gas insulation switchgear, refrigerant compressors, air cargo, freight forwarding, real estate, livestock, laboratories (alleged “gun jumping”), interchange fees, meat processing and bread.

Recognition

Our awards include Cartel Enforcement Law Firm of the Year – New Zealand (Acquisition International, 2013).