21 April 2026
Lewis
via fyi.org.nz
Kia ora Lewis
Official Information Act request OIA25.217
Thank you for your Official Information Act (OIA) request of 5 April 2026 for information
about cartel criminalisation since 8 April 2021.
Our response
The information you have requested is outlined below. The Commission does not
consistently hold this information by financial year and has therefore provided calendar
year data where available.
Information by calendar year
2026
2021
(1 Jan – 15
2025
2024
2023
2022
(8 Apr – 31
Apr)
Dec)
The number of
cartel-related
complaints,
reports or
12
63
91
43
32
44
concerns
received
The number of
cartel
investigations
0
8
9
12
16
5
opened
The number of
cartel
investigations
2
11
13
5
12
3
closed
The number of
matters
resolved by civil Litigation:
0 Litigation:
2 Litigation:
1 Litigation:
1 Litigation: 0 Litigation: 0
proceedings
5810916-1
2
The number of
matters
resolved by
Warning:
0
Warning:
1 Warning:
3 Warning:
0 Warning:
1 Warning:
0
warning,
CAL:
1
CAL:
3
CAL:
4
CAL:
1
CAL:
0
CAL:
1
compliance
Settlement: Settlement: Settlement: Settlement: Settlement: Settlement:
advice,
0
0
0
0
0
0
settlement, or
NFA:
1
NFA:
5
NFA:
5
NFA:
2
NFA:
11
NFA:
2
no further
action.
Note: for 2023 the litigation, warning and NFAs do not total 5 as one was a criminal matter
so has not been included
Additional contextual information
In addition to the information set out in the table above, the Commission provides the
following aggregated information.
Anonymous cartel reports
Since 8 April 2021, the Commission has received 221 anonymous reports alleging cartel
conduct. We note that the majority of these reports do not in fact relate to cartel
conduct but instead reflect conduct that anonymous reporters believe to be cartel
behaviour.
Leniency, immunity, and cooperation enquiries
Over the same period, the Commission has received 11 hypothetical enquiries
regarding whether leniency or immunity may be available. The Commission does not
systematically record general cooperation enquiries and would only create a formal
record where an application for cooperation is made.
Formal leniency and immunity applications
Since 8 April 2021, the Commission has received 49 formal applications for leniency or
immunity.
Consideration of criminal prosecution
All cartel matters involving conduct occurring after cartel criminalisation came into
effect on 8 April 2021 are assessed to determine whether criminal prosecution is
appropriate. In three matters, criminal prosecution was considered as a possible
enforcement option at the conclusion of an investigation.
Referral for prosecution decision-making
The Commission does not refer cartel matters internally or externally for criminal
prosecution decision-making. Decisions on whether to commence a criminal cartel
prosecution are made internally by the Commission.
Criminal cartel prosecutions and outcomes
Since criminalisation, eight criminal cartel charges have been filed, all of which relate
3
to a single prosecution. Four defendants were charged in that proceeding. Four guilty
pleas have been entered, and four convictions have been obtained.
Further information
We hope this response has been helpful.
If you have any questions about this response, please do not hesitate to contact us at
[Commerce Commission request email].
If you are unhappy with our response, you have the right to complain to the
Ombudsman. Information about how to do this is available at
www.ombudsman.parliament.nz.
Please note, the Commission may publish this response on our website as part of our
proactive release process. All personal information will be redacted prior to
publication.
Ngā mihi nui
OIA Coordinator | OIA & Information