The Post

Price-fixing to cost Visy $3.6m

Vector feels downside of energy efficiency

- FIONA ROTHERHAM TIM HUNTER

AUSTRALIAN packaging company Visy has been ordered in the High Court at Auckland to pay a penalty of $3.6 million in a price-fixing case brought by the Commerce Commission.

In addition, its former senior executive, John Carroll, must pay $25,000 in the multimilli­on-dollar case.

The penalty followed the commission offering the company a 30 per cent discount on the penalty for settling rather than continuing with a trial.

Visy admitted liability for illegally agreeing with its competitor, Amcor, to divide trans-Tasman corrugated fibreboard packaging markets between them. They also fixed packaging prices for New Zealand.

Carroll admitted being involved in Visy’s conduct in relation to a Fonterra tender for corrugated fibreboard packaging.

The commission alleged the companies decided in advance which of the two would win customer tenders. They compensate­d each other when competitio­n on tenders occurred.

This breached the Commerce provisions banning price-fixing.

The customers included Fonterra, Goodman Fielder and Coca-Cola.

Amcor applied for immunity from prosecutio­n in 2004 under the commission’s cartel leniency policy which

Act’s long-running case. ‘‘As the Court of Appeal explained when issuing a ruling on this case last year, ‘cartel conduct has a damaging impact upon society’. Preventing price-fixing is important to protect New Zealanders from anti-competitiv­e conduct, and the substantia­l penalty the court awarded should be a deterrent to others who might breach the act.’’

The commission’s case followed action by the Australian Competitio­n and Consumer Commission where Visy and Carroll, along with other defendants, admitted being party to a price-fixing cartel with Amcor in the Australian corrugated fibreboard packaging market.

The Federal Court of Australia imposed penalties of A$36m (NZ$41m) against Visy and its owner, Richard Pratt, and A$500,000 against Carroll. Both Visy and Carroll denied the cartel arrangemen­ts extended to New Zealand.

In August last year the Court of Appeal gave the commission the green light to pursue Visy across a wider range of customers. The court overturned a High Court ruling that most of the allegation­s did not fall within the definition of a market in New Zealand.

The High Court had ruled in 2011 that the commission could pursue claims relating to Fonterra, but allegation­s relating to transactio­ns involving Coca-Cola, Goodman Fielder, Inghams and Huhtamaki fell outside the Commerce Act’s scope. AUCKLAND households are focusing on saving energy, leading to flat or declining demand for energy across Vector’s power lines, the network company says.

Commenting on its full-year result released yesterday, Vector chief executive Simon Mackenzie said there was a clear trend for lower energy consumptio­n in New Zealand and internatio­nally.

‘‘We see that in Auckland where consumptio­n per user is not increasing.’’

People were taking care to switch off lights, install low energy bulbs and invest in energy efficient products, said Mackenzie.

Net profit for the period was $206 million, or 20.4 cents a share, up from $201.7m a year earlier, despite lower electricit­y and gas volumes. Revenue was up 2.2 per cent to $1.28 billion.

In the year to June the total power distribute­d across Vector’s network fell 1 per cent to 8332GWh while gas distributi­on eased from 21.8 to 21.4 petajoules, although this was mainly because of warmer temperatur­es compared with the previous year, the company said.

As part of its strategic response, Vector was looking at the potential benefits of photovolta­ic solar power cells connected to batteries. Test installati­ons in 50 homes were helping the company understand consumer demand.

‘‘The solution is unique,’’ said Mackenzie. ‘‘It uses battery storage and control technology that integrates with our network so the energy is usable 24/7. We see this as very much where the world’s going.’’

Mackenzie said a failure by power retailers to pass on Vector’s lower costs ‘‘makes a bit of a mockery of the regulatory regime’’.

In April a price cut of 9 per cent was imposed on Vector’s residentia­l network by the Commerce Commission, the equivalent of $60 a household each year, but only a small minority of retailers were passing on the savings, he said.

Productivi­ty gains by Vector had led to a regulatory price reset, ‘‘and that’s something that should be shared with customers’’, but he would not be drawn on whether he thought there was a lack of competitio­n in electricit­y retailing.

The company said it would pay a final dividend of 7.75c a share on September 13, up from 7.5c last year, taking the total dividend for the year to 15c.

Chairman Michael Stiassny said the company aimed to increase the dividend.

‘‘We are very aware of the need to provide certainty and clarity around the dividend. This is the bottom position and it can only increase.’’

Acting chief financial officer Shane Sampson said that over time Vector aimed to pay a dividend equal to 60 per cent of operating cashflow, less capital expenditur­e to replace assets.

The latest dividend represente­d a payout ratio of 49 per cent, ‘‘recognisin­g there are challengin­g years coming up’’.

Although Vector’s electricit­y and gas transmissi­on businesses were relatively flat, its technology division produced earnings growth of 13 per cent.

Technology revenue grew 13 per cent to $109m, helped by increased installati­on of smart meters, while earnings before interest, tax, depreciati­on and amortisati­on were $76m.

Sampson said the company aimed to maintain a credit rating of BBB+.

Vector shares closed up 1c at yesterday.

$2.65

 ??  ?? Hefty penalty: Visy admitted liability for illegally agreeing with its competitor, Amcor, to divide trans-Tasman corrugated fibreboard packaging markets between them. They also fixed packaging prices for New Zealand.
Hefty penalty: Visy admitted liability for illegally agreeing with its competitor, Amcor, to divide trans-Tasman corrugated fibreboard packaging markets between them. They also fixed packaging prices for New Zealand.
 ??  ?? Challenges loom: But the profit is up so Vector chief executive Simon Mackenzie, left, and chairman Michael Stiassny can smile.
Challenges loom: But the profit is up so Vector chief executive Simon Mackenzie, left, and chairman Michael Stiassny can smile.

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