22 December 2015

Commerce Act: Commerce Commission v. PCG Wrightson

PCG Wrightson has been fined $2.7 million and Rural Livestock $475,000 for colluding on fees charged for implementation of a national animal tagging system.
Legislation in 2012 required all cattle and deer be tagged with a radio frequency identification device to track stock movements.  Stock and station agents became the focal point for implementation because all stock moving through saleyards required a tag.  There are twelve agents throughout New Zealand.  PCG Wrightson, as the biggest, took the lead.
The High Court was told PCG Wrightson held informal discussions with other stock agents before sending out a letter specifying minimum prices to be charged for tagging un-tagged stock arriving at saleyards together with increased yard fees and administration fees to cover costs of the national scheme.  In-house legal counsel at PCG Wrightson warned this letter could amount to price-fixing, in breach of the Commerce Act.  A follow-up letter was drafted, advising each agent they should set their own prices.  This letter was sent to only three of the 68 saleyards in New Zealand.  PCG itself has an interest in some 50 of these saleyards.
The Commerce Commission took action, arguing general use of the Wrightson-recommended prices breached the Act.  PCG Wrightson pleaded guilty and was fined $2.7 million.  Justice Asher said the best guess was that PCG Wrightson gained a commercial advantage of less than one million dollars from fixing prices, but a heavy penalty was neccesary because the company was a key driver in setting these prices.  Rural Livestock also pleaded guilty.  It has interests in seven South Island saleyards, holding a seven per cent share of the national market.  The company was fined $475,000.  Payments are to be made over a two year period.  Instalment payments were ordered to preserve Rural Livestock’s financial stability.
Commerce Commission v. PCG Wrightson & Rural Livestock – High Court (22.12.15)

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