New Zealand fruit company Turners & Growers (T&G) has lodged an appeal with the High Court after an unsuccessful judgment in its anti-monopoly case with Zespri in August.

In a release, T&G said the court recognized Zespri had 'taken advantage of its market power' but ruled it could not be proved the company sought to lessen competition, as it could not be proven that the government would deregulate the industry.

T&G managing director Jeff Wesley said the company's board and legal counsel had carefully studied the judgment before making the decision to appeal.

"The advice was that errors were made in the judgment and that it should be taken to the Court of Appeal," he said.

Chairman Rob Campbell said the decision showed the company's resolve "to get the right to export its own kiwifruit varieties from New Zealand and to service the growers who wish to act for them as we do for growers of other produce".

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