Typical information required to perfect a marker

To perfect a marker, the applicant company or individual must provide the Commission with a statement.

This statement is often called a 'proffer'. Commission staff will discuss the specific requirements in more detail with marker-holders, but the following is typically the minimum required information (with supporting evidence):

1.  Details of the cartel arrangements, including:

  • the good(s) and/or service(s) affected by the cartel
  • the identities of the cartel participants (both company names and the names of key individuals if available) and their locations (if possible)
  • the timeframes of when the cartel arrangements were entered into and/or applied
  • how the cartel operated
  • who gave effect to the agreements.

2.  All records and documents available to the applicant that provide evidence of the existence of anti-competitive agreements between cartel members, including (if available):

  • summaries of witness statements detailing contacts with competitors and any collusive agreements entered into
  • copies of relevant emails and correspondence between conspirators
  • copies of relevant telephone records detailing communications between conspirators
  • copies of relevant meeting minutes, expense accounts, travel records, diary entries, etc, detailing physical meetings between conspirators
  • copies of any relevant internal reports, memoranda, meeting minutes etc, detailing any internal company discussions about the cartel and its operation
  • copies of any relevant tender documentation, pricing records, supply agreements etc, detailing how any collusive agreements were given effect.

Please note that the expression 'conspirators' includes facilitators who were not cartel members themselves.

3.  If the cartel arrangements were entered into outside New Zealand:

  • details of how and by whom the cartel arrangements were given effect to in New Zealand
  • how the cartel arrangements were given effect to in terms of good(s) and/or service(s) supplied in or into New Zealand.

4.  Details of any internal investigation of the cartel undertaken by the applicant to date and of any further internal investigation planned over the next six months.

5.  Details of the information storage system used by the applicant including:

  • the types of storage sources of data held
  • where  electronic storage systems such as computer servers are held
  • the  changes to those systems over the past ten years that may affect the ability to recover electronic documents  such as emails.

6.  The names of other jurisdictions where the applicant has applied for a marker and/or conditional immunity and a status report on such applications.

7.  Any other available information held by the applicant at a specified date that would assist  the Commission to investigate the cartel arrangement. Ideally supporting evidence will be provided in electronic format (typically Summation or Ringtail).