Visy Board Pty Limited v Commerce Commission - SC 63/2012

Summary

Civil Appeal – Competition Law – Commerce Act 1986, s 4 – Application of the Commerce Act 1986 to conduct outside New Zealand – Whether the Court of Appeal erred in finding that the phrase “to the extent that such conduct affects a market in New Zealand” in s 4(1) of the Act encompasses conduct that merely “relates to” a market in New Zealand – Whether the Court of Appeal erred in finding that whether or not a person is “carrying on business in New Zealand” is a question of fact involving a wide variety of factors, not one of which is essential for marking a positive finding – Whether the Court of Appeal failed to interpret properly r 6.29 of the High Court Rules. [2012]NZCA 383   CA  312/2011

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