NEW ZEALAND
Philip Morris (New Zealand) is suing British American Tobacco (New Zealand) in the Auckland High Court, alleging that BAT is breaching the Commerce Act in the way it ties up retailers.
In the lawsuit, Philip Morris alleges BAT “is unlawfully incentivizing and compelling retailers to restrict the availability of competitor products.” Philip Morris is seeking unspecified damages in five causes of action for alleged breaches of the Commerce Act.
In Philip Morris’ release announcing the suit, general manager Jason Erickson said BAT’s “conduct restricts consumer choice, and we think it constitutes a clear breach of the law.”
A BAT spokeswoman said that the company is “confident that we are not engaging in anti-competitive conduct and will defend our position when the case is heard.”
“We are strongly committed, and have actively engaged for some time, to have reduced risk products regulated and legally available to adult New Zealand smokers as soon as possible,” she said.