10 April 2017

Price-fixing: Commerce Commission v. Property Brokers

Manawatu real estate agent Timothy Mordaunt has been fined $50,000 for initiating a price-fixing ring amongst local agents and his business Property Brokers Ltd was fined $1.45 million.
Mr Mourdant admitted he breached the Commerce Act by colluding with at least ten other Manawatu real estate agents in late 2013 to pass on Trade Me’s $159 listing fee for each property when Trade Me dropped its initial subscription pricing model.  The Commerce Commission said this collusion amounted to price-fixing; agents were agreeing not to compete on price.
The court was told Mr Mourdant organised, hosted and chaired a meeting at which the Manawatu price-fixing agreement was decided.  He co-ordinated its implementation and later attempted to expand its operation.
Property Brokers Ltd is owned by Mr Mourdaunt’s family trust.  Other real estate agents in the Manawatu region have been prosecuted and fined for their involvement in the price-fixing agreement.  Price fixing arrangements are often hard to detect.  The Commerce Act imposes heavy penalties for any breach.
Commerce Commission v. Property Brokers Ltd – High Court (10.04.17)

17.033