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Astrazeneca Limited v Commerce Commission and Pharmaceutical Management Agency - SC 91/2008

Media releases

Summary

Civil Appeal – Respondent gave notice under s 98 of the Commerce Act 1986 of an investigation into allegations that the applicant acted contrary to section 36 of the Act in negotiations with PHARMAC – whether exemption to Part 2 of the Commerce Act in s 53 of the Public Health and Disability Act 2000 applied so that the respondent should not have issued a notice – whether Court of Appeal erred in concluding it did not have sufficient factual information to determine whether s 53 applied – whether the Court of Appeal was correct to conclude that there might be some other purpose of s 53 which would become evident when it was considered in light of the full facts.[2008] NZCA 479 CA 241/2008 11 November 2008

Result

Application for leave to appeal granted
25 February 2009
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Appeal allowed. It is declared that the notice under s 98 of the Commerce Act 1986 given by the Commerce Commission on 31 October 2007 was ultra vires and invalid.  It is ordered that the notice is quashed. The Commerce Commission is ordered to pay the appellant costs in this Court of $15,000 together with reasonable disbursements as fixed by the Registrar.  Costs in the Court of Appeal and the High Court should now be fixed respectively by those Courts in light of this Court’s judgment.
26 August 2009

Related Documents

Leave judgment - leave granted — ASTRAZENECA LTD v COMMERCE COMMISSION AND ANOR SC 91/2008 [25 February 2009] (PDF 12 KB)

Substantive judgment — ASTRAZENECA LIMITED v COMMERCE COMMISSION And Anor SC 91/2008 [26 August 2009] (PDF 12 KB)

Additional Information

Transcript Hearing date : 8 July 2009