Bell Gully
Added: Feb 15, 2012
First published in NZ Lawyer 10 February 2012, Issue 177.
Commerce Commission v Deutsche Bahn AG & Ors (High Court, Auckland, CIV-2010-404-005479, 12 October 2011, Justice Venning) represents the latest challenge by an overseas defendant to the jurisdiction of New Zealand courts over alleged anti-competitive conduct occurring overseas.
The judgment concerned a protest to the jurisdiction by Swiss freight forwarder Kuehne + Nagel International AG (Kuehne + Nagel) in proceedings brought by the Commerce Commission (the Commission) under the Commerce Act 1986 (the Act). The Commission alleged that Kuehne + Nagel entered into and gave effect to seven cartel agreements in breach of section 27(1) and (2) of the Act.