Western Bay Mayoral candidate Mark Boyle says there are 'sinister intentions to slow the growing momentum” of his campaign as information comes to light about his involvement with a company fined $3.6million for anti-competitive behaviour.

In April 2006 Koppers Arch Wood Protection, which makes chemicals used to treat fence posts and decking timber, pleaded guilty to being in a cartel and trying to shut out a new rival. The company was prosecuted by the Commerce Commission and fined $3.6 million.

Mark Boyle (second left) as managing director of Koppers Arch with Colin Meads (left), Fred Allen and former Olympic 1500 metre track running great John Walker in a newsletter in 2004.

Mark, a previous managing director of the company, was not named among the 15 defendants in the case and did not face prosecution.

It is understood Mark left the company early in 2005.

When asked about his involvement in the company, Mark says the issue has no relevance to any of his involvement in 'communities past present or future,” says Mark.

'I am aware of information circulating referencing my involvement in High Court action in 2004 in which Koppers, competitor companies to Koppers and various executives were charged and fined for anti-competitive behaviour,” says Mark.

'I cooperated with the Commerce Commission and Koppers during a lengthy investigation of this behaviour in New Zealand and Australia and the details of this cooperation are subject to confidentiality agreements.

'What I can state for the record though [is that] I was not prosecuted by the authorities for anti-competitive behaviour.

'I was not subject to any legal action by the authorities for involvement in this behaviour. I am not named in any legal action as a defendant. Two previous managing directors to me, at the named Koppers companies, were prosecuted and were given substantial fines for anti-competitive behaviour.”

The company was fined a total of $2.85 million for price-fixing and $750,000 for attempts to shut out the new competitor from the $35 million-a-year market by the High Court in April 2006.

In the case the commission claimed Koppers Arch has shared pricing information with competitors and purposely chose not to compete on price or for customers. It also claimed it tried to shut out a new competitor.

The incidents are reported to have happened between 1998 and 2002.

According to the reserved judgement of Justice Williams, dated April 6, 2006, Mark Boyle did not initially co-operate with the investigations by the Commerce Commission.

'At the outset of the commission's inquiry, Koppers did not co-operate with the commission, senior executives took steps to conceal and destroy documents and Koppers NZ actively opposed the commission conductings 98(c) interviews with a Mr Boyle, the Koppers Arch Investments director with overall responsibility for Koppers NZ,” states the findings.

The findings also say that 'directors of Koppers other than Mr Boyle were initially unaware of those steps”.

But from November 2004 steps were taken to co-operate with the commission, 'they made Mr Boyle available for interview and made a settlement proposal.”

Importantly, that change occurred before these proceedings commenced.

'They have continued to co-operate with the commission since, and agreed to continue that co-operation throughout this proceeding, including making relevant witnesses and documents available.”

Koppers lawyer at the time, Mr Galbraith QC, stressed the mitigating features of the companies' conduct – all largely accepted by the commission.

He emphasised that Koppers' boards were initially entirely unaware of the breaches, but took immediate steps to rectify the position as soon as it came to their attention.

As a result Mark was stood down as managing director of Koppers Arch Investments and was directed to submit himself to interviews and co-operate with the commission thereafter. He is no longer employed by Koppers Arch after leaving the company in 2005.

Mark, who is a co-founder of the Te Puke Economic Development Group, says he has been encouraged to run for the Western Bay Mayoralty due an excellent reputation he's gain during the last four years with the organisation.

'During the last four years I have been involved in a number of very positive initiatives to grow the value proposition of the Te Puke region.

'My Mayoralty campaign is motivated by a passion to make a positive difference to peoples' lives and to be make a contribution to public service.”