Pragmatism and cartel prosecutions : development in the law of price fixing in Lodge Real Estate Ltd v Commerce Commission

Backgrounds and reviews the case ‘Lodge Real Estate Ltd v Commerce Commission’ [2020] NZSC 25, which was the first substantive case of price fixing decided by the Supreme Court. Informs that the Court clarified three key definitions of ‘arrangement’, ‘control’, and ‘price’ in prohibitions on restrictive trade practices. Presents a critique of the approach taken by the Court in its interpretation, including how it has re-framed existing authority. Analyses the implications of the decision for price fixing cases to be decided under the new cartel provisions of the Commerce (Cartels and Other Matters) Amendment Act 2017. Source: National Library of New Zealand Te Puna Matauranga o Aotearoa, licensed by the Department of Internal Affairs for re-use under the Creative Commons Attribution 3.0 New Zealand Licence.