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Business Competition media releases

December 2006

Foodstuffs applies for clearance to acquire The Warehouse

22 December 2006

The Commerce Commission has received an application from the three Foodstuffs co-operatives seeking clearance to acquire up to 100% of the ordinary shares in The Warehouse Group Limited.

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Commission considers variation of Rugby Union decision

22 December 2006

The Commerce Commission has given public notice that it is considering varying its decision number 580, at the request of the New Zealand Rugby Union.

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Owens Corning cleared to acquire Saint-Gobain Vetrotex

20 December 2006

The Commerce Commission has cleared Owens Corning to acquire from Compagnie de Saint-Gobain the glass fibre reinforcement assets of its Saint-Gobain Vetrotex division, insofar as the acquisition would affect any market in New Zealand.

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Fulton Hogan cleared to acquire G J Beynon

19 December 2006

The Commerce Commission has cleared Fulton Hogan Limited to acquire the contracting assets, quarry and land of G J Beynon Contracting Limited. Associated with the purchase is the acquisition by Fulton Hogan of the 50% of shares in Westland Asphalt Limited (WAL) not currently owned by Fulton Hogan.

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Johnson & Johnson cleared to acquire Pfizer Consumer Healthcare

8 December 2006

The Commerce Commission has cleared Johnson & Johnson to acquire the stock, assets and business of the Consumer Healthcare division of Pfizer Inc.

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Elite Truck Rentals applies for clearance to acquire ORIX Truck Rental

6 December 2006

The Commerce Commission has received an application from Elite Truck Rentals Limited (Elite) seeking clearance to acquire the assets of ORIX Truck Rental, a division of ORIX New Zealand Limited.

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November 2006

Owens Corning applies for clearance to acquire Compagnie de Saint-Gobain

21 November 2006

The Commerce Commission has received an application from Owens Corning seeking clearance to acquire the building reinforcement business of Compagnie de Saint-Gobain.

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Commission alleges price-fixing in credit card interchange fees

10 November 2006

The Commission has issued civil proceedings against Visa, MasterCard and 11 financial institutions for alleged price-fixing in relation to interchange fees.

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Solid Energy cleared to acquire Newvale Coal

10 November 2006

The Commission has cleared Solid Energy New Zealand Limited to acquire the entire share capital in Newvale Coal Co Limited.

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October 2006

Fulton Hogan Limited applies for clearance to acquire G J Beynon Contracting Limited

24 October 2006

The Commerce Commission has received an application from Fulton Hogan Limited (Fulton Hogan) seeking clearance to acquire the contracting assets, quarry and land of G J Beynon Contracting Limited (G J Beynon). Associated with this purchase is the acquisition by Fulton Hogan of the 50% of shares in Westland Asphalt Limited (WAL) not currently owned by Fulton Hogan.

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Toll Owens cleared to acquire John Ray's log marshalling assets

11 October 2006

The Commerce Commission has cleared Toll Owens Limited (Toll Owens) to acquire the log marshalling assets of John Ray Limited (John Ray).

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Osmose fined $1.8 million in NZ's biggest cartel case

6 October 2006

Osmose New Zealand, Osmose Australia and two Australian-based executives have been fined for participating in a cartel in New Zealand's wood preservative chemicals industry.

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Johnson & Johnson applies for clearance to acquire Pfizer Inc.

5 October 2006

The Commission has received an application from Johnson & Johnson (J&J) to acquire the stock, assets and business of the Consumer Healthcare division of Pfizer Inc.

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CRBF Limited cleared to acquire the forestry assets of Carter Holt Harvey Ltd

5 October 2006

The Commission has cleared CRBF Limited to acquire the shares and/or assets of a number of Carter Holt Harvey Limited (CHH) subsidiaries that hold forestry assets. The clearance is subject to a divestment undertaking.

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Search warrant executed at offices of Air New Zealand

2 October 2006

The Commerce Commission confirmed today that it executed a search warrant at the Auckland offices of Air New Zealand on Wednesday 27 and Thursday 28 September.

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NZBL to pay $1.1 million for Mana Coach share acquisition

2 October 2006

New Zealand Bus Limited has been fined $500,000 and been ordered to pay around $600,000 in costs to the Commerce Commission after it breached section 47 of the Commerce Act when it acquired shares in Mana Coach Services.

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September 2006

Hancock Natural Resource Group, Inc. cleared to acquire the forestry assets of Carter Holt Harvey Ltd

27 September 2006

The Commission has cleared Hancock or a nominee to acquire the shares and/or assets of a number of Carter Holt Harvey Limited subsidiaries that hold forestry assets.

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Solid Energy applies for clearance to acquire Newvale Coal

22 September 2006

The Commission has received an application from Solid Energy New Zealand Limited seeking clearance to acquire the entire share capital in Newvale Coal Co Limited.

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Toll Owens applies for clearance to acquire the log marshalling assets of John Ray

11 September 2006

The Commerce Commission has received an application from Toll Owens Limited seeking clearance to acquire the log marshalling assets of John Ray Limited.

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Distributor warned about anti-competitive conduct

11 September 2006

The Commerce Commission has warned Digitalblue Ltd that it risked breaching the Commerce Act when it told Dick Smith Electronics not to advertise an iPod accessory below a certain price.

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Global Forest Partners LP applies for clearance to acquire the forestry assets of Carter Holt Harvey

4 September 2006

The Commerce Commission has received an application from CRBF, a timber investment fund, and its advisers GFP, seeking clearance to acquire the shares and/or assets of a number of Carter Holt Harvey Limited subsidiaries that hold forestry assets.

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August 2006

Godfrey Hirst cleared to acquire Feltex

31 August 2006

The Commerce Commission has cleared Godfrey Hirst NZ Limited (Godfrey Hirst) to acquire some or all of the assets of Feltex Carpets Limited (Feltex).

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Verticon applies for clearance to acquire Boyd Cranes

25 August 2006

The Commerce Commission has received an application from Verticon Group Limited (Verticon) seeking clearance to acquire the assets and business of Boyd Crane Hire Limited.

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Lion Nathan cleared to acquire Independent Liquor

24 August 2006

The Commerce Commission has cleared Lion Nathan Limited to acquire up to 100% of the shares and/or assets of Independent Liquor (NZ) Limited.

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Mobile Market: Competition Issues

23 August 2006

On 10 May 2006, the Commerce Commission announced that it intended to examine the reasons for the lack of new entry into the mobile services market as a prelude to deciding whether or not to commence an investigation into possible changes to the regulatory framework. The Commission had expected to complete the initial phase within a few months and make an announcement by the end of August.

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Cartel company, executive fined for obstructing investigation

23 August 2006

Wood preservative chemicals company Osmose New Zealand and former Osmose Group General Manager Mark Greenacre have been fined for obstructing a Commerce Commission investigation.

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Hancock Natural Resource Group applies for clearance to acquire the forestry assets of Carter Holt Harvey

16 August 2006

The Commerce Commission has received an application from Hancock Natural Resource Group, Inc. seeking clearance to acquire the shares and/or assets of a number of Carter Holt Harvey Limited subsidiaries that hold forestry assets.

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First ever Cease and Desist Order issued against Northport

14 August 2006

Cease and Desist Commissioner Terence Stapleton has issued the first Cease and Desist Order to be made under the Commerce Act. The Commerce Commission sought the order against port owner Northport Limited for activities at Marsden Point port in Whangarei. Northport has consented to the order.

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Godfrey Hirst applies for clearance to acquire Feltex

4 August 2006

The Commerce Commission has received an application from Godfrey Hirst NZ Limited seeking clearance to acquire some or all of the assets of Feltex Carpets Limited.

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July 2006

Commerce Commission/ACCC in-principle agreement to co-operative trans-Tasman mergers review protocol

24 July 2006

The New Zealand Commerce Commission and the Australian Competition and Consumer Commission have agreed, in principle, to a protocol to enhance their co-operation in dealing with the review of trans-Tasman mergers.

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Commission clears application by ORIX New Zealand Limited to acquire Truck Leasing Limited

21 July 2006

The Commerce Commission has granted clearance for the acquisition of the business of Truck Leasing Limited (trading as Esanda FleetPartners) by ORIX New Zealand Limited.

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ORIX New Zealand applies for clearance to acquire Truck Leasing

12 July 2006

The Commerce Commission has received an application from ORIX New Zealand Limited seeking clearance to acquire 100% of the shares in Truck Leasing Limited (TLL), trading as Esanda FleetPartners, from UDC Finance Limited, a subsidiary of Australia and New Zealand Banking Group Limited (ANZ).

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Safety supplier warned about anti-competitive conduct

10 July 2006

The Commerce Commission has warned Wesfarmers Industrial and Safety New Zealand Limited that its alleged attempt to stop other businesses from supplying safety products to its competitor risked breaching section 27 of the Commerce Act.

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Commission clears application by GE Fleet New Zealand and Custom Fleet (NZ) Limited

5 July 2006

The Commerce Commission has granted clearance for the acquisition of the business of Custom Fleet (NZ) Limited by GE Fleet New Zealand.

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Lion Nathan applies for clearance to acquire Independent Liquor

3 July 2006

The Commission has received an application from Lion Nathan Limited seeking clearance to acquire up to 100% of the shares and/or assets of Independent Liquor (NZ) Limited.

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June 2006

Commission closes investigation into Pernod Ricard's acquisition of Allied Domecq

30 June 2006

The Commission has closed its investigation into the acquisition of Allied Domecq plc by Pernod Ricard S.A. and does not intend to take any further action. The Commission is of the view that the acquisition is unlikely to have resulted in a substantial lessening of competition in any market.

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NZ Bus acquisition of Mana Coach shares breached Commerce Act: High Court

29 June 2006

In a landmark decision, New Zealand Bus Limited has been found guilty of breaching section 47 of the Commerce Act, which prohibits acquisitions that are likely to substantially lessen competition.

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Visy Industrial Plastics cleared to acquire Alto Holdings

28 June 2006

The Commerce Commission has cleared Visy Industrial Plastic (NZ) Limited (Visy Industrial), or an interconnected body corporate, to acquire either all of the issued shares in Alto Holdings Limited (Alto) or the entire plastic packaging business and assets of Alto and any of its subsidiaries.

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GE Fleet NZ applies for clearance to acquire Custom Fleet NZ

9 June 2006

The Commerce Commission has received an application from GE Fleet New Zealand seeking clearance to acquire the business of Custom Fleet (NZ) Limited. The acquisition of Custom Fleet in New Zealand forms part of a wider transaction involving the acquisition by related entities of GE Fleet of the Custom Fleet business in Australia and the United Kingdom.

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Commission revokes Pohokura gas authorisation

2 June 2006

The Commerce Commission has revoked the 2003 authorisation it granted to Shell, Todd and OMV to jointly sell gas from the Pohokura field.

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Rugby Union salary cap authorised for six years

2 June 2006

The Commerce Commission has told the New Zealand Rugby Union that it can impose a salary cap to limit the amount each union can spend on players. The cap will apply for six years from today, and will be reviewed after five years.

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May 2006

Extension of regulated telecommunication services: draft report

30 May 2006

The Commission today released its draft report on whether regulation of ten telecommunications services should be extended for two years.

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Commission warns Baycorp after fee investigation

19 May 2006

The Commerce Commission has completed its investigation into allegations of anti-competitive behaviour by Baycorp Advantage Holdings (NZ) Ltd (Baycorp), issuing Baycorp with a formal warning for a potential breach of the Commerce Act 1986.

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Commission investigating Pernod Ricard's acquisition of Allied Domecq

1 May 2006

The Commission has opened an investigation under section 47 of the Commerce Act into the acquisition by Pernod Ricard S.A. of Allied Domecq plc. This acquisition was completed on 26 July 2005. The investigation will consider the competitive implications of Pernod Ricard retaining assets that are subject to divestment undertakings.

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April 2006

Commission not to investigate Fairfax/TradeMe acquisition

20 April 2006

The Commerce Commission has decided not to open an investigation into the acquisition of TradeMe Limited by Fairfax New Zealand Holdings Limited. The Commission considers that, based on the information before it, the acquisition is unlikely to raise competition issues.

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Visy Plastics NZ applies for clearance to acquire Vertex Group & Alto Plastics

10 April 2006

The Commerce Commission has received an application from Visy Industrial Plastics NZ Limited seeking clearance to acquire either the issued shares in each of Vertex Group Holdings Limited and Alto Plastics Limited or the plastic packaging business and assets of Vertex and Alto.

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Koppers Arch to pay a record $3.6 million in cartel penalties

7 April 2006

The High Court has imposed record penalties on Koppers Arch Wood Protection (NZ) Limited and its Australian parent company, Koppers Arch Investments Pty Limited, after the companies admitted participating in a cartel in the wood preservative chemicals industry between 1998 and 2002. The affected part of the industry was worth an estimated $35 million in 2002.

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Portacom cleared to acquire Rhino

5 April 2006

The Commerce Commission has cleared Portacom New Zealand Limited to acquire the operations, assets, and business owned by Rhino Group Limited. Portacom applied for clearance for the acquisition to the extent that it would affect the operations conducted by Rhino Portable Buildings Limited, a subsidiary of Rhino Group Limited.

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New Zealand Bus not to acquire Mana Coach shares pending High Court injunction proceedings

3 April 2006

New Zealand Bus Limited (NZBL) has undertaken today to the High Court that it will not proceed with the acquisition of 74% of the shares in Mana Coach Services Ltd pending the outcome of a trial set down for two weeks from 22 May to 2 June 2006.

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NZ Rugby Union withdraws part of authorisation application

3 April 2006

On 30 March 2006 the New Zealand Rugby Union withdrew its request for authorisation of the proposed arrangements applying to the Modified Division One inter-provincial rugby competition, as set out in paragraphs 2.8 and 2.9 of its application to the Commission.

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March 2006

Commission closes investigation

31 March 2006

The Commerce Commission has today closed its investigation into claims by Origin Pacific Airways Limited that Air New Zealand took advantage of its market power to restrict, prevent or deter competition on selected provincial air services markets.

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Commission declines to grant Electricity Industry Reform Act exemption to Eastland Networks

21 March 2006

The Commerce Commission has declined to grant Eastland Networks Limited an exemption under the Electricity Industry Reform Act. The exemption related to Eastland's proposed investment in a wind farm to be built in Mokairau near Gisborne. Eastland intended to retail the electricity generated by the wind farm directly to customers on its own network.

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New Zealand Bus Limited withdraws application to acquire Mana Coach Services

20 March 2006

New Zealand Bus Limited has withdrawn its section 66 clearance application to acquire the remaining 74% shares in Mana Coach Services.

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Morning Star ordered to pay $50,000 for Commerce Act breach

16 March 2006

Computer parts and systems wholesaler Morning Star Computer Limited has been ordered to pay $50,000 plus $3,624 costs in the Auckland High Court, following an admission that it contravened the Commerce Act by preventing computer parts resellers from advertising its products below certain fixed prices.

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Portacom New Zealand applies for clearance to acquire Rhino Portable Buildings

10 March 2006

The Commerce Commission has received an application from Portacom New Zealand Limited seeking clearance to acquire the business and assets of Rhino Portable Buildings Limited.

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Draft Determination on NZRU authorisation

9 March 2006

The Commerce Commission has issued its Draft Determination on an application for authorisation from the New Zealand Rugby Union.

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February 2006

Fonterra cleared to acquire the shares in Kapiti Fine Foods and United Milk

23 February 2006

The Commerce Commission has cleared Fonterra Co-operative Group Limited to acquire the shares in Kapiti Fine Foods Limited and United Milk Limited from Foodstuffs (Wellington) Co-operative Society Limited.

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Sky cleared to acquire Prime Television

8 February 2006

The Commerce Commission has cleared Sky Network Television Limited to acquire the television broadcasting business of Prime Television New Zealand Limited.

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January 2006

Commission clears application by Wellington Pathology and Valley Diagnostics

31 January 2006

The Commerce Commission has granted clearance for the merger of the diagnostic laboratory services businesses of Wellington Pathology Limited and Valley Diagnostic Laboratories Limited in the Hutt Valley and Capital & Coast District Health Board districts.

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GE Finance cleared to acquire Pacific Retail Finance Group

18 January 2006

The Commerce Commission has cleared GE Finance and Insurance Limited to acquire the business and assets of the Pacific Retail Finance Group, namely: Pacific Retail Services Limited, Pacific Retail Finance Limited, Montreal Financial Services Limited and a 100% shareholding in Simply Insurance New Zealand Limited.

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New Zealand Bus applies for clearance to acquire Mana Coach Services

17 January 2006

The Commerce Commission has received an application from New Zealand Bus Limited seeking clearance to acquire the balance of 74% shares in Mana Coach Services Limited. New Zealand Bus already holds 26% of the shares in Mana Coach Services.

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