Our company received a demand from the Commerce Commission, what does it want?
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Our company received a demand from the Commerce Commission, what does it want?

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31.08.2026

We are a small supplier and received a letter from the Commerce Commission asking for documents and information about our pricing arrangements with a competitor. We did nothing wrong as far as we know, but we are worried. How seriously should we take it?

Site Administration
02.09.2026
reply date: 02.09.2026

Take it very seriously. The Commerce Commission enforces the Commerce Act 1986, which prohibits anti-competitive agreements and cartel conduct such as price fixing, bid rigging and market allocation, and since 2021 cartel conduct can attract criminal penalties for individuals. A request for information may be issued under the Commission's statutory powers, and failing to comply can itself be an offence. Engage a competition lawyer immediately, preserve all relevant documents and emails and do not delete anything. Do not discuss the matter with the competitor concerned. Your lawyer can help you respond accurately, consider whether the Commission's leniency or cooperation policy is relevant and assess whether the conduct was lawful, for example a legitimate joint venture.

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