Turners and Growers' challenge against Zespri's dominance of New Zealand kiwifruit industry is set for November 1, in the High Court at Auckland, for five weeks.
Turners and Growers claims Zespri's monopoly is illegal and in conflict with the Commerce Act and Bill of Rights.
Turners and Growers also allege Zespri has abused its market dominance to preserve its monopoly by seeking to tie growers, suppliers and post harvest operators into exclusivity contracts; through attempting to take control of the supply of kiwifruit for export to Australia; and by attempting to take control of new kiwifruit cultivars.
It is also alleged Zespri unlawfully carried on businesses and activities prohibited by the Kiwifruit Export Regulations 1999, without obtaining the approval of shareholders and suppliers.