Turners and Growers Ltd's case against privately owned monopoly kiwifruit marketer Zespri is set to begin in the High Court in Auckland tomorrow.
Turner and Growers is claiming that Zespri breached the Commerce Act by trying to preserve its monopoly after deregulation by tying producers into exclusive contracts, trying to control kiwifruit exports to Australia in 2008/09, and trying to take control of new kiwifruit cultivars.
The trial has been set down for five weeks.
Last year, Turners and Growers appeared at the High Court to determine whether the kiwifruit export regulations purportedly giving Zespri a monopoly were unlawful.
The High Court found that the Kiwifruit Export Regulations 1999 were validly established 11 years ago and that Kiwifruit New Zealand, the industry regulator, had exclusive jurisdiction to consider complaints under those regulations.
Turners & Growers' appeal on those matters will be heard in the Court of Appeal in November.
NZPA