01 July 2016

Price Fixing: Commerce Commission v. Bayley and Success Realty

Bayley Corporation and its Hamilton franchise have been fined a total of $3.1 million for price fixing.
National real estate franchisor Bayley Corporation and its Hamilton franchise holder Success Realty have fessed up to price fixing in colluding to pass on Trade Me’s 2014 price increase for online listings.  Bayley was fined $2.2 million with payment deferred until 31 December 2016.  Success was fined $900,000.  These fines include a 45% discount for early guilty pleas and for co-operation with a Commerce Commission inquiry.   
Prior to 2014, Trade Me allowed real estate agents unlimited listings in return for payment of a negotiated subscription fee.  This fee was generally absorbed by each agency as a business overhead.  Trade Me’s imposition of a fee per listing led to high level meetings between real estate agencies where the Commerce Commission alleges they jointly agreed to pass on these costs to vendor clients.
The High Court was told Bayley met with representatives of Harcourts, Barfoot & Thompson, LJ Hooker and Ray White in August 2013.  The Commerce Commission challenged the outcome of this meeting as price fixing; real estate agents were agreeing not to compete on price.  Of those attending, only Bayley has admitted to price-fixing.  Justice Courtney imposed a $2.2 million fine.
Success Realty has five per cent of the Hamilton residential market.  It admitted to price-fixing.  It was already charging vendor clients a $30 fee for each standard Trade Me listing, but increased this to the full Trade Me price when the subscription fee regime ended.  Success said only 51 clients agreed to a Trade Me listing when asked to pay the new individual listing fee prior to Trade Me later returning to an updated subscription fee.  Justice Courtney imposed a $900,000 fine.
The Commerce Commission is also challenging alleged price-fixing by Waikato agencies: Lodge Real Estate, Lugton’s, Monarch and Online Realty.  
Commerce Commission v. Bayley Corp & Success Realty – High Court (1.07.16)

16.101