Our Expertise

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 support and strategy, including assisting with discovery and defence work, negotiating settlements with the Commerce Commission and negotiating “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.

Experience includes:

  • Advising on the Commerce (Cartels and Other Matters) Amendment Bill for joint ventures and other collaboration.
  • Acting for New Zealand’s first successful applicant for cartel leniency (amnesty or immunity) under the Commission’s Leniency Policy for cartelists.
  • Acting on 4 of the first 14 successful leniency applications.
  • Advising on settlement of a significant follow-on claim (for alleged cartel damages).

Recognition

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

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