As the court case between Turners & Growers and Zespri rumbles on, T&G is seeking damages of over $2 million from kiwifruit exporter Zespri. T&G is claiming that Zespri has taken advantage of its market power to prevent exporters from engaging in competitive conduct in overseas markets other than Australia. T&G wants a ruling that Zespri has breached the NZ Commerce Act through its exclusive contract with suppliers, its Australia service level agreement for the 2009 season, and its policy for exporting fruit from kiwifruit varieties owned by parties other than Zespri. The trial is in its second week of an expected five.