THE COMMERCE Commission (CC), New Zealand’s competition and consumer regulator, is no longer seeking an interim injunction against secondary ticketing website Viagogo, after the resale platform made changes to its website.
The watchdog had sought an interim injunction against Viagogo, pending a hearing of the Commission’s full case against the company, to stop “misrepresenting the price and availability of tickets”.
However, the interim hearing, which was set for 6 March at the High Court in Auckland, was called off after Viagogo made changes to its site and gave undertakings to the Court that it would not undo those changes.
At Friday’s scheduled hearing, Viagogo was also due to protest the jurisdiction of the New Zealand Courts in relation to the Commission’s proceedings against it. It has now withdrawn its protest.
“We consider that Viagogo’s changes and undertakings achieve what we sought in our interim injunction application, which means we can avoid the time and cost of another hearing and advance our preparations towards the full case hearing,” says Mary-Anne Borrowdale, the Commission’s general counsel, consumer and competition.
“Until now Viagogo has said it is not answerable to the Courts here, which has led to considerable expense and delay for the Commission. We think a company that sells New Zealand event tickets to New Zealand consumers should fall under New Zealand law, and we are pleased that Viagogo now accepts that too.”
The injunction stems from the Commission’s ongoing substantive case against Viagogo for an alleged breach of the Fair Trading Act, and prevents them from making further violations.