20 May 2016

Price-fixing: Commerce Commission v. Unique Realty

Unique Realty Ltd has been fined $1.25 million dollars after admitting it colluded with eleven other Manawatu real estate agents by agreeing to pass on Trade Me’s 2014 price increases.  The Commerce Commission is also pursuing Property Brokers Ltd and LJ Hooker Palmerston North.
This price-fixing agreement collectively raised fees for property vendors; the real estate agents involved agreed not to compete on price by making vendors pay Trade Me’s newly imposed fee of some $180 per listing.  Previously, agents paid a flat rate subscription for unlimited Trade Me listings and absorbed this cost as a general business overhead.
Unique Realty, Property Brokers and LJ Hooker Palmerston North collectively hold about 75 per cent of the Manawatu market.  Evidence was given that Manawatu real estate agents got together in a series of meetings in late 2013, responding to Trade Me’s plan to switch from a subscription listing model to a charge for individual listings.  Their decision to collectively force clients into paying individual listing charges amounted to price-fixing, reducing consumer choice and preventing different agencies from competing on price.
Trade Me reverted to its earlier subscription-based model just over six months after imposing individual listing fees.  The court was told Manawatu real estate agents still required clients to pay for on-line listings after Trade Me reverted to a subscription charge.
Commerce Commission v. Unique Realty – High Court (20.05.16)

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