Vector Limited v Commerce Commission - SC 46/2012

Leave to appeal is granted.

The approved grounds are whether under the Commerce Act 1986 the s 54K(3) power:

(i) is able to be exercised in the manner provided for in s 53P(3)(b) in the absence of a published input methodology (or methodologies) specific to starting price adjustment under s 53P(3)(b); and, if so:

(ii) permits change only to the extent necessitated by the newly published input methodology relied on by the Commission.

14 August 2012

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The appeal is dismissed.
The appellant is to pay the respondent costs of $40,000 together with disbursements to be fixed, if necessary, by the Registrar. 

15 November 2012