Draft Mergers and Acquisitions: Supplementary Guidelines on Failing Firms (June 2009)
On 9 July 2009 the Commerce Commission released draft supplementary guidelines on how merger and acquisitions applications involving the ‘failing firm’ argument will be treated.
The Commission is seeking feedback from interested parties on the draft guidelines. After considering feedback received, the Commission will publish finalised guidelines.
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Streamlined Authorisation Process Guidelines
These guidelines set out a streamlined process developed by the Commission that will enable the Commission to make a decision on straightforward authorisation applications as quickly as possible.
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Mergers and Acquisitions Guidelines
The Commerce Act prohibits acquisitions that result in a substantial lessening of competition in any market. The Mergers and Acquisitions Guidelines replace Practice Note 4 and explain when the Commission is likely to have concerns regarding a business acquisition and may seek to intervene to prevent the acquisition. The Guidelines also identify when an application for clearance or authorisation is advisable. (Published December 2003)
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Mergers and Acquisitions Clearance Process Guidelines (published November 2008)
These guidelines have been produced to help achieve robust and timely decisions by providing information about the process, the kinds of information that the Commission requires as well as indicative timelines. They should be read alongside the Commission’s Mergers and Acquisitions Guidelines , which provide details of how the Commission applies the substantial lessening of competition test against which mergers are assessed.
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A Best Practice Review of the New Zealand Merger Clearance Regime
A report to the Commerce Commission by Alan Lear, August 2007
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Anti-competitive Practices Under Part II of the Commerce Act
The purpose of this publication is to promote understanding of the anti-competitive practices (or
restrictive trade practices) prohibited under Part II of the Commerce Act, and the role and powers of the Commerce Commission in enforcing the Commerce Act to promote competition. (Published September 2002)
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Commerce Act - Guidelines for the supply of school uniforms
These guidelines are designed to provide
guidance to schools, both to minimise the risk
that their arrangements with suppliers may
breach the Act and to bring overall benefit
for schools and parents.
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Guidelines - The Interrelationship between Part 2 of the Commerce Act 1986 and the Telecommunications Act 2001
These guidelines focus on competition issues in telecommunications arising from unilateral conduct.
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Conference Procedures
A guide to the conference procedures of the Commission in relation to authorisations under sections 58 and 67 of the Commerce Act. (Revised September 1998)
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