Court of Appeal allows appeal by ComCom
The Commerce Commission has notched up a win in the long-running Court of Appeal in a case about disclosure of information
The Commerce Commission has notched up a win in the Court of Appeal in a case about disclosure of information it collects when interviewing company employees during an investigation.
The case arose during its investigation of alleged cartel behaviour in the air cargo market, during which it interviewed Air New Zealand employees.
The commission appealed a High Court ruling that limited the protection of confidential information collected under section 100 of the Commerce Act. Air New Zealand argued that the commission was using the section of the Act to make blanket gagging orders.
An investigation of the air cargo market was started in December 2005 after Lufthansa approached the commission seeking leniency for providing information. The commission filed proceedings alleging that 13 airlines operated a cartel to raise the price of freighting cargo by imposing fuel surcharges for more than seven years.
Air NZ has denied the charge and took action in the High Court to get the commission to hand over evidence.
The Court of Appeal accepted the commission's and the attorney-general's submission that an investigation may be continuing once proceedings are issued.
It said that section 100 orders can legitimately include questions as well as answers. They can survive the issuing of proceedings provided the investigation is continuing.
NZPA and NBR staff
Fri, 11 Mar 2011
Fri, 11 Mar 2011
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Court of Appeal allows appeal by ComCom
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