We invite comments on the draft guidelines by 5pm on Tuesday 9 April 2013. Please send all comments to GuidelinesConsult@comcom.govt.nz
Overview
The draft Authorisation Guidelines are intended to give an overview of both our analytical approach and our process when considering authorisations.
The new Authorisation Guidelines include the Benefits and Detriments Guidelines, which set out our analytical approach. The Benefits and Detriments Guidelines were published in 1997. Given the time that has elapsed and developments in case law, and our practice over this period, we have reviewed and updated these guidelines, seeking to make them as readable and practical as possible.
We have also nuanced our approach to how we assess whether a transaction will lead to losses in productive and dynamic efficiency. The draft guidelines do not presume detriment from productive and dynamic inefficiency. Rather, we note that such detriments may arise and that they will be assessed on the basis of the facts of each case.
Until the revised guidelines are finalised, we will continue to have regard to the Benefits and Detriments Guidelines.
Timeline
We expect to publish final guidelines by the middle of this year. We will then make presentations about them to interested parties.
We note that when the Commerce Act (Cartels and Other Matters) Bill passes Parliament, we are likely to need to update elements of these guidelines to reflect any relevant changes as result of the Bill.
