Nelson Mail

Price fixing costly for firm

- GERARD HUTCHING

Elders Rural Holdings, which is no longer trading, has been ordered to pay $200,000 in penalties for its part in a price fixing agreement involving livestock tracing.

Elders Australian parent company, Elders Ltd, has agreed to pay the sum towards the Commerce Commission’s investigat­ion costs.

The settlement reflected the fact Elders was no longer trading. The case dates back to 2012, and follows a Northland farmer lodging a complaint over price fixing.

The Commerce Commission took PGG Wrightson (PGW), Elders, Rural Livestock and other members of the New Zealand Stock and Station Agents’ Associatio­n to court after they set new fees to implement the Government’s National Animal Identifica­tion Tracing (Nait) system.

The system allows livestock to be traced in the event of a disease outbreak such as foot and mouth, or the Mycoplasma bovis bacteria recently detected in South Canterbury and North Otago.

In 2015 Auckland High Court judged there had been an anticompet­itive agreement struck between the companies.

PGW and Rural Livestock were fined $2.7 million and $475,000 respective­ly after admitting their conduct in the case. PGG Wrightson also agreed to pay $50,000 towards the commission’s investigat­ion costs.

Last year four current or former employees of PGWand one former employee of Elders were ordered to pay $105,000 worth of penalties for price fixing.

Elders ceased trading in July 2014 when it sold its livestock business to an unrelated third party, but the commission and Elders agreed to seek a declaratio­n from the court that Elders breached the price fixing provisions of the Commerce Act.

At a hearing at the High Court at Auckland earlier this month, Elders admitted it was involved in three anti-competitiv­e agreements with PGG Wrightson Ltd, Rural Livestock Ltd, and other members of the New Zealand Stock and Station Agents’ Associatio­n.

The agreements were that: Saleyards would charge a minimum fee of $25 to tag cattle, and $10 for any calves, presented to a saleyard without the ear tag required by the Nait Act. Agents would pass the fee on to farmers;

Agents would charge farmers a radio frequency identifica­tion device (RFID) administra­tion fee of $1.50 per head of cattle (split equally between the seller and buyer), to register saleyard based cattle movements;

Saleyards would increase existing yard fees by $1.50 per head of cattle (split equally between the seller and buyer). Justice Patricia Courtney noted that none of the individual­s involved, including those in senior management positions, seemed to realise the potential implicatio­ns of their conduct.

‘‘Despite the element of deliberate­ness in the agreements, there was no intention to contravene the Act and no secrecy about the agreements reached.‘‘

Commerce Commission chairman Dr Mark Berry said the livestock companies should have decided independen­tly how to respond to the new law, instead of colluding on fees to the detriment of farmers.

 ??  ?? Livestock companies have been fined for colluding over charging farmers for their tags.
Livestock companies have been fined for colluding over charging farmers for their tags.

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