New Zealand Competition Authority

Statement of Unresolved Issues released for proposed acquisition of Jurox by Zoetis* The Commerce Commission has published a Statement of Unresolved Issues relating to the application from Zoetis Inc. seeking clearance to acquire Betrola Pty Limited. Betrola owns the Jurox group of companies. (...)

Clearance sought for Zenith Water / Waterlogic merger* The Commerce Commission has received a clearance application from Osmosis Buyer Limited (Osmosis) to acquire Firewall Holdings S.À R.L (Firewall) as part of a global transaction. Osmosis’ New Zealand subsidiary, Zenith Heaters Limited (...)

Competition agencies working together to identify potential cartel conduct in global supply chains* The Commerce Commission has joined with international counterparts in a working group focussing on identification of potential cartel conduct in global supply chains. The working group includes (...)

Statement of Preliminary Issues released for EBOS / LifeHealthcare* The Commerce Commission has published a statement of preliminary issues regarding the application from EBOS Medical Devices Australia Pty Limited to acquire the New Zealand LifeHealthcare business. The Statement outlines the (...)

EBOS seeks clearance to acquire the New Zealand LifeHealthcare business* The Commerce Commission has received a clearance application in relation to the proposed acquisition by EBOS Medical Devices Australia Pty Limited (EBOS) of the New Zealand LifeHealthcare business. EBOS distributes human (...)

Commission files proceedings against software company for breach of Commerce Act* The Commerce Commission has filed proceedings in the High Court in Wellington against software company Objective Corporation Limited (Objective) for contravening section 47 of the Commerce Act, which prohibits (...)

Sika seeks clearance to acquire MBCC Group* The Commerce Commission has received a clearance application for Sika AG to acquire the MBCC Group. Sika and MBCC manufacture and supply additives (known as "chemical admixtures") that are used to modify the performance characteristics of concrete, (...)

Camplify seeks clearance to acquire THL’s Mighway and SHAREaCAMPER* The Commerce Commission has received a clearance application from Camplify Co (NZ) Limited, a subsidiary of ASX-listed Camplify Holdings Limited, to acquire the New Zealand assets and business of Tourism Holdings Limited’s (...)

Clearance sought for Vocus / 2degrees merger* The Commerce Commission has received an application for clearance in relation to a transaction that would see the merger of the Vocus Group with 2degrees. Vocus and 2degrees are both telecommunications providers that primarily supply retail fixed (...)

Statement of Issues released for Ampol / Z clearance application* The Commerce Commission has published a statement of issues relating to an application from Ampol Limited (Ampol) seeking clearance to acquire 100% of the shares in Z Energy Limited (Z), subject to an undertaking from Ampol to (...)

Statement of Issues released for proposed acquisition of Jurox by Zoetis* The Commerce Commission has published a Statement of Issues relating to the clearance application from Zoetis Inc. seeking clearance to acquire Betrola Pty Limited. Betrola owns the Jurox group of companies. The (...)

Statement of Issues released for Anytime NZ Limited’s collaborative activity clearance application* The Commerce Commission has published a Statement of Issues relating to the application by Anytime NZ Limited (Anytime NZ) for clearance under section 65A of the Commerce Act 1986 for proposed (...)

Statement of Preliminary Issues released for News Publishers’ Association’s application seeking authorisation for collective bargaining* The Commerce Commission has published a statement of preliminary issues relating to an application from the News Publishers’ Association of New Zealand (...)

Commission files proceedings against alleged international freight forwarding cartels* The Commerce Commission has filed civil proceedings in the High Court against two international freight forwarding companies, Mondiale Freight Services Limited (Mondiale) and Oceanbridge Shipping Limited (...)

Commission proposes extending regulatory protections for phone number portability* The Commerce Commission has today released a draft determination proposing to continue the regulation of number portability services for both local and mobile telephone numbers for another five years. (...)

Penalty imposed for taxi cartel conduct* The High Court has ordered Hutt and City Taxis Limited (Hutt & City) to pay a penalty of $150,000 in relation to fixing the prices of taxi fares. Statement of Preliminary Issues released on EROAD/Coretex clearance application The Commission filed (...)

Mercury cleared to acquire Trustpower’s retail business* The Commerce Commission has granted clearance for Mercury NZ Limited to acquire Trustpower Limited’s retail business. Deputy Chair Sue Begg said the Commission is satisfied that the acquisition is unlikely to substantially lessen (...)

New Zealand Tegel Growers Association seeks authorisation for its members to engage in collective bargaining with Tegel Foods* The Commerce Commission has received an application from the New Zealand Tegel Growers Association Incorporated (TGA) seeking authorisation on behalf of its members to (...)

Penalties imposed in container depot price fixing case* The High Court has ordered Specialised Container Services (Christchurch) Limited (SCS Christchurch) and its director Grant Tregurtha to pay penalties in relation to an attempted price fix of “vehicle booking system” fees. The Commission (...)

Commerce Commission issues determination on HP New Zealand’s application to engage in resale price maintenance* The Commerce Commission has authorized HP New Zealand Limited (HP) to engage in resale price maintenance (RPM) in relation to its proposed HP online stores and HP online marketplace (...)

Commission issues anti-collusion reminder to businesses supplying essential services* The Commerce Commission is reminding all businesses supplying essential services in the current nationwide COVID-19 lockdown of their obligations under the Commerce Act. The Commission recognises that the (...)

Commission grants clearance for Are Media Limited to acquire Ovato Retail Distribution NZ Limited* The Commission has granted clearance for Are Media Limited to acquire 100% of the shares in Ovato Retail Distribution NZ Limited (ORD NZ). Are Media Limited is the New Zealand subsidiary of (...)

Statement of Preliminary Issues released on Mercury’s application to acquire Trustpower’s retail business* The Commerce Commission has published a statement of preliminary issues relating to the clearance application from Mercury NZ Limited seeking to acquire Trustpower Limited’s retail business. (...)

Commerce Commission issues draft determination on HP New Zealand’s application to engage in resale price maintenance* The Commerce Commission has reached a preliminary view that it should allow HP New Zealand Limited (HP) to engage in resale price maintenance (RPM) in relation to its proposed (...)

Commission grants clearance for Trade Me’s acquisition of Homes.co.nz* The Commission has granted Trade Me Limited (Trade Me) clearance to acquire PropertyNZ Limited. Trade Me Property is the largest online residential listings platform in New Zealand. PropertyNZ Limited owns and operates (...)

Commission releases draft report on competition in the retail grocery sector* The Commerce Commission’s draft report into competition in the retail grocery sector has found that competition is not working well for consumers. “If competition was more effective, retailers would face stronger (...)

Commission grants clearance for Assa Abloy NZ to acquire NZ Fire Doors* The Commerce Commission has granted clearance to ASSA ABLOY New Zealand Limited (Assa Abloy NZ) to acquire all of the shares in NZ Fire Doors Limited (NZFD). Both Assa Abloy NZ (through its subsidiary Pacific Door Systems (...)

Commission seeking declarations that agreements not to bid on Google Ads breach Commerce Act* The Commerce Commission has filed proceedings at the High Court in Christchurch seeking declarations that consumer loan provider Moola engaged in cartel conduct relating to online advertising on (...)

Concrete Group subsidiary cleared to acquire Drymix* The Commerce Commission has granted clearance to Dunlop Drymix Limited, a subsidiary of the Concrete Group Limited, to acquire the assets and business of six companies that collectively trade in New Zealand as Drymix. Each of the Drymix (...)

Commission files proceedings against alleged taxi cartel* The Commerce Commission has filed proceedings at the High Court in Wellington against Hutt and City Taxis Limited (Hutt & City) for alleged price fixing. The Commission alleges Hutt & City contravened the Commerce Act by (...)

Commission closes investigation into Beijer acquisitions* The Commerce Commission has closed its investigation into Beijer Ref AB’s 2018 acquisition of Heatcraft New Zealand Limited, and its 2019 acquisition (via its subsidiary Kirby NZ Limited) of a right to import hydrofluorobcarbons (...)

Commission releases preliminary issues and proposed scope for grocery study* The Commerce Commission has today released a paper outlining the preliminary issues it may explore and the proposed scope for its market study into the grocery sector. “We expect that the issues we focus on will (...)

Commission seeks feedback on funding to improve work in regulated sectors* The Commerce Commission is seeking feedback on the level of funding needed over the next five years to help deliver its regulation of the telecommunications, electricity and gas sectors. The Commission’s regulatory (...)

Commission opens market study into grocery sector and publishes process paper* The Commerce Commission has commenced a market study into factors that may affect competition in the grocery sector following publication of terms of reference for the study by the Minister of Commerce and Consumer (...)

Commission proposes Aurora can spend $523m to fix its network* The Commerce Commission has today released for consultation a package of measures in response to Aurora Energy’s plan to fix its electricity lines network in Dunedin, Central Otago and Queenstown Lakes. In June 2020, Aurora filed (...)

Commission completes input methodologies by finalising approach to valuing fibre providers’ financial loss* The Commerce Commission has released its final decision on its approach to determining the value of the financial loss asset for fibre service providers under the new fibre regulatory (...)

Statement of Preliminary Issues released for Aon/Willis Towers Watson* The Commerce Commission has published a statement of preliminary issues relating to an application from Aon plc seeking clearance to acquire Willis Towers Watson Public Limited Company as part of a global transaction. The (...)

Statement of Issues released for Pact/Flight clearance application* The Commerce Commission has published a Statement of Issues relating to an application from Pact Group Holdings Limited (Pact) to acquire the assets and business of Flight Plastics Limited in New Zealand and the (...)

Wilson Parking agrees to divest car parks in settlement agreement with Commerce Commission* Wilson Parking New Zealand Limited (Wilson Parking) has agreed to divest the leases of three car parking facilities it currently operates in central Wellington, in a settlement agreement with the (...)

Aon seeks clearance to acquire Willis Towers* The Commerce Commission has received a clearance application from Aon plc to acquire all the shares of Willis Towers Watson Public Limited Company as part of a global transaction. Aon and Willis Towers Watson are both publicly traded, global (...)

Commission consults on draft report on Fonterra’s 2020/21 Milk Price Manual* The Commerce Commission today released its draft report on its annual review of Fonterra’s Farmgate Milk Price Manual for the 2020/21 dairy season. This year’s review focused on the changes Fonterra has made to the (...)

Statement of Preliminary Issues released for NEP acquisition of Sky’s outside broadcasting assets* The Commerce Commission has published a statement of preliminary issues relating to an application from NEP Broadcast Services New Zealand Limited seeking clearance to acquire from Sky Network (...)

Commission confirms its approach to monitoring and enforcing non-discrimination and equivalence obligations* The Commerce Commission has today released guidance about how it will monitor and enforce obligations on telecommunication network operators to offer fibre and other wholesale services (...)

NEP seeks clearance to acquire Sky’s outside broadcasting assets* The Commerce Commission has received a clearance application from NEP Broadcast Services New Zealand Limited to acquire from Sky Network Television Limited the assets of its outside broadcasting business, Outside Broadcasting (...)

Mobile operators should improve consumer choice through easier comparisons* The Commerce Commission has told New Zealand’s three mobile network operators that they should provide more meaningful comparison information and guard against overspending by mobile phone consumers. Mobile operators (...)

Commission clears proposed Heyden/Henergy/Rasmusens egg merger* The Commerce Commission has granted clearance to Heyden Farms Limited, Henergy Cage-Free Limited and Rasmusens Poultry Farms Limited to merge their respective egg production operations. Mobile operators should improve consumer (...)

Commission releases final report on Fonterra’s milk price* The Commerce Commission has today released its final report on Fonterra’s base milk price calculation for the 2019/20 dairy season. Mobile operators should improve consumer choice through easier comparisons The base milk price is the (...)

Proposed approach to fibre regulation released* The Commerce Commission has today released its first paper for fibre price-quality and information disclosure regulation. This paper sets out the proposed process and approach to regulating telecommunications companies that provide fibre access (...)

Commission grants clearance for Mylan and Upjohn to merge subject to a divestment* The Commerce Commission has granted clearance for Mylan N.V. and Upjohn Inc. (a wholly owned subsidiary of Pfizer Inc) to merge their global pharmaceutical businesses. The clearance is subject to a divestment of (...)

Hamilton real estate agencies to pay $4 million for price fixing* The Auckland High Court has ordered Hamilton-based Lodge Real Estate Limited (Lodge) to pay $2.1 million and Monarch Real Estate Limited (Monarch) to pay $1.9 million for engaging in price-fixing in breach of the Commerce Act. (...)

Statement of Preliminary Issues released for Pact/Flight clearance application* The Commerce Commission has published a statement of preliminary issues relating to an application from Pact Group Holdings Limited (Pact) to acquire the assets and business of Flight Plastics Limited in New (...)

Commission clears AJ Park’s acquisition of Baldwins* The Commerce Commission has granted clearance for AJ Park IP Limited, in conjunction with AJ Park Law Limited (together, AJ Park), to acquire the assets of Baldwins Intellectual Property, Baldwin Holdings Limited, Baldwins Intellectual (...)

Commerce Commission signs multilateral framework enhancing international cooperation on competition enforcement* The Commerce Commission has signed a multilateral assistance and co-operation framework to enhance international cooperation on competition enforcement with the Australian (...)

Pact Group seeks clearance to acquire packaging assets of Flight Plastics* The Commerce Commission has received a clearance application from Pact Group Holdings Limited (Pact) to acquire the assets and business of Flight Plastics Limited in New Zealand and the packaging-related assets of (...)

Investigation opened into acquisition of Wallace’s North Island rendering assets* The Commerce Commission has opened an investigation into the acquisition of the North Island animal rendering assets of Wallace Group GP Limited (Wallace) by interests associated with Glenninburg Holdings Limited (...)

Statement of Preliminary Issues released for proposed Heyden/Henergy/Rasmusens merger* The Commerce Commission has published a Statement of Preliminary Issues relating to an application from Heyden Farms Limited, Henergy Cage-Free Limited and Rasmusens Poultry Farms Limited, seeking clearance (...)

Settlement reached in equine air freight price-fixing proceeding* A settlement has been reached with the International Racehorse Transport New Zealand Partnership (IRT Partnership) in a price fixing case arising from an arrangement between IRT Partnership and its competitor for the provision (...)

Heyden Farms, Henergy Cage-Free, Rasmusens Poultry Farms seek clearance to merge egg production operations* The Commerce Commission has received a clearance application from Heyden Farms Limited, Henergy Cage-Free Limited and Rasmusens Poultry Farms Limited seeking clearance to merge their (...)

Investigation opened into Beijer’s acquisition of Heatcraft NZ and acquisition of rights to apply for HFC import permits* The Commerce Commission has opened an investigation into Beijer Ref AB’s 2018 acquisition of Heatcraft New Zealand Limited, and its 2019 acquisition (via its subsidiary (...)

Commission grants clearance for Verifone to acquire Smartpay* The Commerce Commission has granted clearance to Verifone New Zealand (Verifone) to acquire the assets used by Smartpay Holdings Limited and its subsidiaries to operate the Smartpay business in New Zealand (Smartpay) (the proposed (...)

Nelson pharmacy fined $344,000 and director $50,000 for price-fixing* The Wellington High Court has ordered Prices Pharmacy 2011 Limited and a director of the company, Stuart Hebberd, to pay fines of $344,000 and $50,000 respectively, after they admitted engaging in price-fixing in breach of (...)

Commission releases guidelines on approach to authorisations after law change* The Commerce Commission has released guidelines on its approach to authorisation of some agreements as a result of temporary changes made to the Commerce Act under the COVID-19 Response (Further Management Measures) (...)

COVID-19: Commission issues guidance on business collaboration* The Commerce Commission has issued guidance on how it is assessing business collaborations that are being entered into in response to COVID-19. Commission Chair Anna Rawlings said the guidance aims to provide clarity and (...)

Commission grants clearance for Cengage and McGraw-Hill to merge their publishing businesses in New Zealand* The Commerce Commission has granted clearance, insofar as it relates to New Zealand markets, for Cengage Learnings Holdings II, Inc. and McGraw-Hill Education, Inc. to merge their (...)

Statement of Issues released for Verifone Smartpay clearance application* The Commerce Commission has published a Statement of Issues relating to an application from Verifone New Zealand (Verifone) to acquire the assets used by Smartpay Holdings Limited (and its subsidiaries) to operate the (...)

Government statement on commercial cooperation during COVID-19 The Government has asked the Commerce Commission to take account of the exceptional circumstances created by COVID-19 when monitoring business behaviour in coming weeks. “The purpose of my request to the Commerce Commission is to (...)

Commission grants clearance for Juice Technologies to acquire APT* The Commerce Commission has granted clearance for Juice Technologies Pty Limited (operating in New Zealand as Infocare Systems Limited) to acquire APT Business Solutions Limited (trading as APT Childcare). In reaching its (...)

Draft guidance released on Commission’s approach to unbundled fibre* The Commerce Commission has released draft guidance to help the telecommunications industry understand its approach to monitoring and enforcing obligations on Chorus and the other local fibre companies (LFCs) to allow (...)

Press releases published on New Zealand Commerce Commission Commission seeks views on cost of capital input methodologies* The Commerce Commission is now inviting views on whether it should consider reviewing or amending the input methodologies for the cost of capital that apply to (...)

Statement of preliminary issues published for CDC Pharmaceutical and Pharmacy Wholesalers merger* CDC Pharmaceuticals and Pharmacy Wholesalers (Central) seek clearance to merge The Commerce Commission has received a joint application from CDC Pharmaceuticals Limited and Pharmacy Wholesalers (...)

Press releases published on New Zealand Commerce Commission Statement of preliminary issues for Reckitt Benckiser’s application to acquire K-Y* The Commerce Commission has published a statement of preliminary issues relating to an application from Reckitt Benckiser Group Plc (Reckitt (...)

Press releases published on New Zealand Commerce Commission Telecom granted clearance to acquire previously unsold radio spectrum block* The Commerce Commission has today granted a clearance to Telecom New Zealand Limited (Telecom) that will enable it to acquire the management rights for the (...)

Press releases published on New Zealand Commerce Commission Commerce Commission launches website for construction industry* The Commerce Commission will today launch a new website for the construction industry. The website will help industry members increase their understanding of competition (...)

Press releases published on New Zealand Commerce Commission IAG cleared to buy Lumley* The Commerce Commission has granted clearance to IAG (NZ) Holdings Limited to acquire Lumley General Insurance (N.Z.) Limited. The proposed acquisition forms part of a wider acquisition by IAG’s parent, (...)

Press releases published on New Zealand Commerce Commission Air freight cartel nets almost $12 million in penalties* The High Court in Auckland has today ordered Swiss company Kuehne + Nagel International AG to pay a penalty of $3.1 million plus costs for breaches of the Commerce Act. Kuehne (...)

Press releases published on New Zealand Commerce Commission Commission completes long running trans-Tasman cartel case* The Commerce Commission has completed its long running case involving the cardboard packaging cartel between Visy Board Pty Ltd (Visy) and Amcor Ltd with the final (...)

Commerce Commission confirms forex investigation* The Commerce Commission has confirmed that it has an investigation into possible manipulation of currency rates and possible influencing of benchmarks in foreign exchange (forex) markets. The investigation was commenced as a result of a (...)

Press releases published on New Zealand Commerce Commission Carter Holt Harvey fined for “classic” price fixing breaches* Commerce Commission General Manager Competition, Kate Morrison says the High Court’s decision to fine Carter Holt Harvey $1.85 million for price fixing in the Auckland (...)

Press releases published on New Zealand Commerce Commission Commission consults on cost of capital for telecommunications price reviews* The Commerce Commission is seeking submissions on its proposed approach to setting the rate of return on capital for the unbundled copper local loop (UCLL) (...)

New information disclosure requirements for Transpower* The Commerce Commission has today issued information disclosure requirements for Transpower, the owner and operator of the national electricity transmission grid. Under the new requirements, Transpower will publicly disclose information (...)

Press releases published on New Zealand Commerce Commission USG Corporation and Boral Limited granted clearance to form a joint venture* The Commission has granted clearance to USG Corporation (USG) and Boral Limited (Boral) to enter into a joint venture. The proposed joint venture relates (...)

Press releases published on New Zealand Commerce Commission Commission issues warning over ‘no discounting’ clause* The Commerce Commission has warned all New Zealand District Health Boards (DHBs) and pharmacies nationwide that “no discounting” clauses in the 2012 Community Pharmacy Services (...)

Press releases published on New Zealand Commerce Commission Commission issues final report on Christchurch International Airport* The Commerce Commission has released its final report to the Ministers of Commerce and Transport on the effectiveness of the information disclosure regulation in (...)

Press releases published on New Zealand Commerce Commission Commerce Commission releases UBA process and issues paper* The Commerce Commission has today released a paper which outlines the proposed process for pricing Chorus’ wholesale broadband – the unbundled bitstream access (UBA) service - (...)

Press releases published on New Zealand Commerce Commission Bauer given clearance to acquire magazine titles* The Commerce Commission has cleared Bauer Media Group (NZ) LP (Bauer) to acquire all of the assets used by APN Specialist Publications NZ Limited (APNSP) in the publication of the New (...)

Press releases published on New Zealand Commerce Commission Commission commences proceedings in relation to Auckland timber cartel* The Commerce Commission has today filed proceedings in the High Court against Carter Holt Harvey Limited for price fixing in the Auckland timber market. Carter (...)

Commerce Commission releases data on interchange and credit card settlements* The Commission today released its ‘Evaluation of the 2009 interchange and credit card settlements’. This paper outlines the agreement the Commission reached with banks and financial institutions in relation to the (...)

Press releases published on New Zealand Commerce Commission Thermo Fisher cleared to acquire Life Technologies subject to a divestment undertaking’ The Commerce Commission has cleared Thermo Fisher Scientific Inc. (Thermo Fisher) to acquire Life Technologies Corporation (Life Technologies). (...)

Commerce Commission sets guidelines for international information requests* The Commerce Commission has today released its guidelines for Overseas Requests for Compulsorily Acquired Information and Investigative Assistance. The guidelines explain how the Commission deals with requests from (...)

Press releases published on New Zealand Commerce Commission Vodafone seeks clearance to acquire radio spectrum* The Commerce Commission has received an application from Vodafone New Zealand Limited seeking clearance to acquire the management rights to 700 MHz radio spectrum. The Crown is (...)

Press releases published on New Zealand Commerce Commission Commerce Commission issues warning to Sky* The Commerce Commission has issued Sky Network Television Ltd (Sky) with a warning that it believes certain provisions in Sky’s contracts with telecommunications retail service providers (...)

Press releases published on New Zealand Commerce Commission Court endorses penalty in trans-Tasman cartel case* Visy Board Pty Ltd (Visy) has been ordered to pay a penalty of $3.6 million in the High Court in Auckland today, and its former senior executive John Carroll $25,000, for breaching (...)

Press releases published on New Zealand Commerce Commission Baxter International cleared to acquire Gambro AB subject to a divestment undertaking* The Commerce Commission has cleared Baxter International Inc (Baxter) to acquire 100% of the shares in Gambro AB (Gambro). The clearance is (...)

Press releases published on New Zealand Commerce Commission Air New Zealand final airline to settle with Commerce Commission in air cargo case* The High Court has approved a settlement under which Air New Zealand will pay a $7.5 million penalty for price-fixing in breach of the Commerce Act. (...)

Press releases published on New Zealand Commerce Commission Taranaki flooring company warned over attempts to fix prices* The Commerce Commission has issued a formal warning to flooring company Ansell Flooring Limited for attempting to fix prices for sanding and polishing services in the (...)