New Zealand Commerce Commission

New Zealand Competition Authority

New Zealand Commerce Commission

The Commerce Commission is New Zealand’s primary competition regulatory agency. We enforce legislation that promotes competition in New Zealand markets and prohibits misleading and deceptive conduct by traders. The Commission also enforces a number of pieces of legislation that, through regulation, aim to provide the benefits of competition in markets where effective competition does not exist. This includes in the telecommunications, dairy, electricity, gas pipelines and airport sectors. The Commission is an independent Crown entity established under section 8 of the Commerce Act 1986.The Commission is not subject to direction from the government in carrying out its enforcement and regulatory control activities. The Commerce Commission’s purpose is to achieve the best possible outcomes in competitive and regulated markets for the long-term benefit of New Zealanders.

Articles

6955 Bulletin

New Zealand Competition Authority The New Zealand Competition Authority proposes that a regulated monopolist can spend $523 million to fix its electricity lines network in Dunedin, Central Otago and Queenstown Lakes (Aurora Energy)

20

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 (...)

New Zealand Competition Authority The New Zealand Competition Authority releases its final decision on its approach to determining the value of the financial loss asset for fibre service providers under the fibre regulatory regime

91

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 (...)

New Zealand Competition Authority The New Zealand Competition Authority publishes for consultations a statement of preliminary issues related to the application for merger of global professional services firms that specialise in risk management (Aon / Willis Towers)

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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 (...)

New Zealand Competition Authority The New Zealand Competition Authority publishes a statement of issues relating to an application from a global packaging solutions business to acquire a manufacturer of plastics sheets and packaging (Pact Group / Flight Plastics)

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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 (...)

New Zealand Competition Authority The New Zealand Competition Authority reaches divestment agreement with car parks operator in 4-years old merger in order to settle competition concerns (Wilson Parking)

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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 (...)

New Zealand Competition Authority The New Zealand Competition Authority receives application for merger of global professional services firms that specialise in risk management (Aon / Willis Towers)

159

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 (...)

New Zealand Competition Authority The New Zealand Competition Authority issues statement of preliminary issues relating to broadcaster’s application to acquire a competitor’s outside broadcasting business (NEP Broadcast Services / Sky Network Television)

106

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 (...)

New Zealand Competition Authority The New Zealand Competition Authority confirms its approach to monitoring and enforcing non-discrimination and equivalence obligations for telecom network operators in offering fibre and other wholesale services

118

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 (...)

New Zealand Competition Authority The New Zealand Competition Authority receives a clearance application from a technical production company to acquire a broadcasting business (NEP / Sky)

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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 (...)

New Zealand Competition Authority The New Zealand Competition Authority warns mobile operators that they should improve consumer choice through easier comparisons (Spark / Vodafone / 2degrees)

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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 (...)

New Zealand Competition Authority The New Zealand Competition Authority publishes a statement of preliminary issues relating to an application from a global packaging solutions business to acquire a manufacturer of plastics sheets and packaging (Pact Group / Flight Plastics)

115

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 (...)

New Zealand Competition Authority The New Zealand Competition Authority signs multilateral framework enhancing international cooperation on competition enforcement with Australia, Canada, UK, and the US

160

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 (...)

New Zealand Competition Authority The New Zealand Competition Authority receives clearance application from a packaging solutions business to acquire packaging assets of another plastics manufacturer (Pact Group / Flight Plastics)

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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 (...)

New Zealand Competition Authority The New Zealand Competition Authority opens investigation into the completed acquisition of North Island animal rendering assets (Wallace / Glenninburg)

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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 (...)

New Zealand Competition Authority The New Zealand Competition Authority releases statement of preliminary issues for proposed merger of 3 egg producers (Heyden / Henergy / Rasmusens)

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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 (...)

New Zealand Competition Authority The New Zealand Competition Authority receives a merger clearance application for egg production and wholesale supply operations (Heyden Farms / Henergy Cage-Free / Rasmusens Poultry Farms)

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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 (...)

New Zealand Competition Authority The New Zealand Competition Authority opens investigation into the merger of two refrigeration equipments distributors (Beijer / Heatcraft New Zealand)

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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 (...)

New Zealand Competition Authority The New Zealand Government asks the Competition Authority to allow cooperation among businesses necessary to provide grocery products and other essential goods to consumers during the COVID-19 pandemic

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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 (...)

New Zealand Competition Authority The New Zealand Competition Authority clears acquisition in the market for student management software for childcare providers (Juice Technologies / APT)

125

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 (...)

New Zealand Competition Authority The New Zealand Competition Authority releases draft guidance on its approach to unbundling fibre services from local fibre companies on acceptable terms and prices for broadband retailers

125

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 (...)

New Zealand Competition Authority The New Zealand Competition Authority invites views on the revision of the cost of capital input methodologies that apply to electricity lines services, gas pipeline services and specified airport services

170

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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission publishes a statement of preliminary issues following a merger notification on the market for pharmacy wholesaling (CDC Pharmaceuticals / Pharmacy Wholesalers)

149

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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission issues a statement of preliminary issues relating to the clearance of an acqusition of brand and product assets on the market for supply of consumer goods including personal lubricants (Reckitt Benckiser / Johnson & Johnson)

99

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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission clears acquisition of management rights for the final block of 5MHz radio spectrum in the 700MHz range (Telecom / Crown)

127

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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission launches a new website for the construction industry in order to improve compliance with competition law provisions

92

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 (...)

New Zealand Competition Authority The New Zealand Competition Authority confirms its investigation into possible manipulation of currency rates and possible influence of benchmarks in foreign exchange markets (FOREX)

150

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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission seeks submissions on its proposed approach to setting the rate of return on capital for the unbundled copper local loop network and the unbundled bitstream access service

97

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 Zealand Competition Authority The New Zealand Competition Authority issues information disclosure requirements for the owner and operator of the national electricity transmission grid (Transpower)

86

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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission approves joint-venture on the market for supply of plasterboard, ceiling tiles and ancillary building products (USG / Boral)

258

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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission issues a warning pursuant to the removal of a restrictive clause from the community pharmacy services agreement (DHB / Pharma Association)

169

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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission issues final report on the effectiveness of the information disclosure regulation in relation to international airport (Christchurch)

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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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission releases a paper on price determination according to the final pricing principle regarding the unbundled bitstream access (Chorus)

97

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 - (...)

New Zealand Competition Authority The New Zealand Commerce Commission approves conditionally an acquisition in the life sciences industry (Thermo Fisher Scientific / Life Technologies)

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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). (...)

New Zealand Competition Authority The New Zealand Competition Authority issues a warning against previously used contractual clauses in relation to telecommunications retail service providers (Sky)

149

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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission clears acqusition in the sector for kidney dialysis systems for the treatment of acute and chronic kidney disorders (Baxter / Gambro)

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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 (...)

New Zealand Competition Authority The New Zealand Commerce Commission issues a formal warning against attempt to fix prices for sanding and polishing services in the Taranaki region (Ansell Flooring)

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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 (...)

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