After courier company Aramex admitted a 2021 tie-up with logistics company Zappy amounted to cartel behaviour, High Court approved a $700,000 penalty negotiated between Aramex and Commerce Commission. Zappy agreed not to poach Aramex customers without prior approval, and if approved, not to undercut Aramex fees.
Singapore-owned Aramex NZ gained a New Zealand foothold with its 2016 purchase of Fastway Couriers.
Aramex is now the third largest courier company in New Zealand, with over three hundred individual courier-franchised territories in operation.
In late 2021, Aramex negotiated a re-sellers agreement with Zappy, then known as Payport.
Zappy owns cloud-based software used to track courier deliveries in real time, a system integrated across New Zealand’s retail and transport industries.
Aramex told the High Court that the 2021 agreement was drawn up by its national sales manager who simply copied a template document used previously by a Fastway subsidiary, deleting names of the original contracting parties and substituting Aramex and Zappy as the new contracting parties.
No one read the document in any detail.
Aramex was unaware clauses in this contract breached the Commerce Act.
The High Court was told the cartel agreement was scrapped as soon as a Commerce Commission investigation commenced. Aramex co-operated fully with the investigation.
Commission said the extent of any financial benefit gained by Aramex could not be quantified.
Aramex claims there was ever only one instance of Zappy making contact to co-ordinate pricing for a courier contract.
Commerce Commission v. Aramex New Zealand Holdings Ltd – High Court (4.03.26)
26.093