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Business Competition media releases

December 2007

Reasons for A & R Whitcoulls Cleared to Acquire Borders New Zealand

20 December 2007

The Commerce Commission has released its reasons for granting clearance to A & R Whitcoulls (ARW) to acquire 100 % of the shares in Borders New Zealand.

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Pacific Radiology cleared to acquire Wellington Radiology

20 December 2007

The Commerce Commission has cleared Pacific Radiology Limited to acquire all the assets of Wellington Radiology Limited.

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Court grants interim stay on Warehouse judgment

19 December 2007

The High Court in Wellington has granted the Commerce Commission an interim stay of the High Court's judgment, which cleared the way for the three Foodstuffs co-operatives or Woolworths Ltd to acquire up to 100% shares in, or assets of, The Warehouse Group Ltd.

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Commerce Commission seeks to appeal Warehouse decision

18 December 2007

The Commerce Commission is seeking leave to appeal the High Court's decision which cleared the way for the three Foodstuffs co-operatives or Woolworths Ltd to acquire up to 100% shares in, or assets of, The Warehouse Group Ltd.

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Air Liquide New Zealand Limited applies for clearance to acquire ASCOGAS Limited

14 December 2007

The Commerce Commission has received an application from Air Liquide New Zealand Limited (Air Liquide) seeking clearance to acquire 100 % of the shares in ASCOGAS Limited (ASCOGAS).

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November 2007

The Warehouse High Court decision

29 November 2007

The Commerce Commission is disappointed by the High Court's decision allowing the appeals of the three Foodstuffs co-operatives and Woolworths Ltd against the Commission's decision declining clearance for either party to acquire up to 100% shares in, or assets of, The Warehouse Group Ltd.

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Sumitomo Forestry applies for clearance to acquire Carter Holt Harvey MDF assets in Rangiora

28 November 2007

The Commerce Commission has received an application from Sumitomo Forestry Co Limited seeking clearance to acquire all of the medium density fibre board (MDF) assets and business operations of Carter Holt Harvey Limited (Building Supplies Division) situated in Rangiora.

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DFS Group Limited applies for clearance to acquire The Nuance Group

23 November 2007

The Commerce Commission has received an application from DFS Group Limited (DFS) seeking clearance to acquire 100 % of the shares in The Nuance Group (Nuance).

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Commerce Commission initiates legal action against alleged cartel

22 November 2007

The Commerce Commission has filed civil proceedings in the Auckland High Court against a New Zealand company, its Australian parent company and four executives for alleged cartel behaviour in the New Zealand corrugated fibre packaging industry.

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Whitcoulls Cleared to Acquire Borders

21 November 2007

The Commerce Commission has cleared A&R Whitcoulls Group Holdings Pty Limited (Whitcoulls) to acquire 100 % of the shares in Borders New Zealand Limited (Borders).

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Cadmus and Provenco apply for clearance to merge

21 November 2007

The Commerce Commission has received an application from Cadmus Technology Limited and Provenco Group Limited seeking clearance for a merger transaction through which Cadmus and Provenco will amalgamate pursuant to Part XIII of the Companies Act 1993.

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Reasons for Transpacific Industries being cleared (with divestments) to acquire parts of EnviroWaste Services

21 November 2007

The Commerce Commission has released its reasons for granting clearance to Transpacific Industries to acquire certain South Island solid waste collection businesses of EnviroWaste Services. The clearance was given providing Transpacific Industries divests back to EnviroWaste:

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Cavalier and Norman Ellison cleared to form joint venture

15 November 2007

The Commerce Commission has cleared Cavalier Corporation Limited and Norman Ellison Holdings Limited to form a joint venture company that will acquire the carpet businesses of Norman Ellison Holdings Limited and its subsidiaries.

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Court of Appeal confirms that NZ Bus acquisition of Mana Coach shares breached Commerce Act

15 November 2007

The Court of Appeal has upheld a High Court ruling that New Zealand Bus Limited (NZBL) breached section 47 of the Commerce Act, which prohibits business acquisitions that are likely to substantially lessen competition.

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Transpacific Industries cleared to acquire parts of EnviroWaste Services provided assets are divested

1 November 2007

The Commerce Commission has cleared Transpacific Industries to acquire the following business and assets of EnviroWaste Services:

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October 2007

Pacific Radiology applies for clearance to acquire Wellington Radiology

19 October 2007

The Commerce Commission has received an application from Pacific Radiology Limited seeking clearance to acquire all the assets of Wellington Radiology Limited.

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Cavalier and Norman Ellison apply for clearance to form a joint venture

12 October 2007

The Commerce Commission has received an application from Cavalier Corporation Limited and Norman Ellison Holdings Limited seeking clearance for a proposal under which a new joint venture company (owned by the parties) will acquire the carpet business of Norman Ellison Holdings Limited and its subsidiaries, and Norman Ellison Shareholders will acquire shares in Cavalier.

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Schering-Plough cleared to acquire Organon BioSciences

4 October 2007

The Commerce Commission has cleared Schering-Plough Corporation to acquire 100 percent of the shares in, or assets of, Organon Biosciences N.V. The clearance is subject to the divestment undertaking dated 1 October 2007 provided by Schering-Plough Corporation to the Commission pursuant to section 69A of the Commerce Act 1986.

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September 2007

Whitcoulls' parent company applies for clearance to acquire Borders

28 September 2007

The Commerce Commission has received an application from A&R Whitcoulls Group Holdings Pty Limited (ARW) seeking clearance to acquire 100% of the shares in Borders New Zealand Limited (Borders).

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Southern Cross and QE Health cleared to form a joint venture

28 September 2007

The Commerce Commission has cleared Southern Cross Health Trust and QE Hospital Limited to merge their respective private hospital operations in Rotorua.

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NZ Post and Salmat Cleared to Form Joint Venture

13 September 2007

The Commerce Commission has cleared New Zealand Post Limited (NZ Post) and Salmat International Pty Limited (Salmat) to merge their respective unaddressed mail delivery operations.

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August 2007

Transpacific Technical Services (NZ) Limited cleared to acquire the solvents business of Medi-Chem Waste Services Limited

30 August 2007

The Commerce Commission has cleared Transpacific Technical Services (NZ) Limited (TTS), or a wholly-owned subsidiary of TTS, to acquire the assets and businesses of Medi-Chem Waste Services Limited (Medi-Chem) that relate to the treatment, recycling, and disposal of solvents.

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Transpacific Industries applies for clearance to acquire further parts of EnviroWaste Services

23 August 2007

On 20 August 2007 the Commerce Commission advised that Transpacific Industries had applied for clearance to acquire the Blenheim/Nelson solid waste collection businesses of EnviroWaste Services and the Timaru/Oamaru solid waste businesses of EnviroWaste Services. The Commission has received two further applications from Transpacific Industries. The latest applications seek clearance to acquire EnviroWaste Service's solid waste collection businesses in Christchurch and Dunedin.

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ST Cigar Group cleared to acquire Schimmelpenninck & Tabacofina

22 August 2007

The Commerce Commission has cleared ST Cigar Group Holding BV (ST Cigar Group) to acquire all of the shares in a Dutch company, Schimmelpenninck and through ST Cigar Group's Dutch subsidiary company Henri Wintermans Cigars BV, the cigar trademarks owned by the Belgian company Tabacofina - Vander Elst N.V. (TVE) that are registered in New Zealand, Australia and Portugal.

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Transpacific Industries applies for clearance to acquire part of Enviro Waste Services

20 August 2007

The Commerce Commission has received two clearance applications from Transpacific Industries Group (NZ) Limited (TPI) seeking clearance to acquire part of the business and assets of Enviro Waste Services Limited (Enviro Waste): the first application concerns Enviro Waste's solid waste collection businesses in Blenheim and Nelson; and the second application concerns Enviro Waste's solid waste businesses in Oamaru and Timaru. TPI and Enviro Waste are involved in waste collection, recycling and disposal in New Zealand.

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Commission settles with coffee machine distributors over anti-competitive conduct

17 August 2007

The Commerce Commission has reached a settlement with Espresso Engineers Limited and Valente Coffee Machinery Limited after they breached the Commerce Act by preventing a reseller from advertising their coffee machines for sale below a specified minimum price.

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Transpacific Technical Services (NZ) Limited cleared to acquire the chemical smalls business of Medi-Chem Waste Services Limited

16 August 2007

The Commerce Commission has cleared Transpacific Technical Services (NZ) Limited (TTS), or a wholly-owned subsidiary of TTS, to acquire the assets and businesses of Medi-Chem Waste Services Limited (Medi-Chem) that relate to the collection, treatment and disposal of hydrocarbon, miscellaneous chemical and intractable wastes (the 'chemical smalls' business). The Application for Clearance did not include the assets and businesses of Medi-Chem that relate to medical and quarantine waste, or the collection and recycling lamps, amalgam and x-ray film and fluids. The Commission is continuing with its inquiries into TTS' remaining application relating to the acquisition of Medi-Chem's solvent treatment, recycling, and disposal business and is yet to make a decision on that application.

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Transpacific Technical Services submits revised applications for clearance to acquire

15 August 2007

Transpacific Technical Services (NZ) Limited (TTS) has withdrawn its section 66 clearance application to acquire the assets and businesses of Medi-Chem Waste Services Limited (Medi-Chem).

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New Zealand Post and Salmat Apply for Clearance to Form Joint Venture

9 August 2007

The Commerce Commission has received an application from New Zealand Post Limited (NZ Post) and from Salmat International Pty Limited (Salmat) to merge their respective unaddressed mail delivery operations.

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Southern Cross and QE Health apply for clearance to form a joint venture

3 August 2007

The Commerce Commission has received an application from Southern Cross Health Trust and from QE Health Hospital Limited seeking clearance to merge their respective private hospital operations in Rotorua.

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July 2007

Reasons for The Warehouse acquisition declines

20 July 2007

The Commerce Commission has released its reasons for declining to grant clearance to the three Foodstuffs co-operatives or to Woolworths Limited to acquire up to 100% of the shares in, or assets of, The Warehouse Group Limited.

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ST Cigar Group applies for clearance to acquire Schimmelpenninck & Tabacofina

17 July 2007

The Commerce Commission has received an application from ST Cigar Group Holding BV (STCGH) seeking clearance to acquire all of the shares in a Dutch company, Schimmelpenninck and through STCGH's Dutch subsidiary company Henri Wintermans Cigars BV, the cigar trademarks owned by the Belgian company Tabacofina - Vander Elst N.V. (TVE) that are registered in New Zealand, Australia and Portugal.

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Schering-Plough applies for clearance to acquire Organon BioSciences

11 July 2007

The Commerce Commission has received an application from Schering-Plough Corporation (Schering-Plough) seeking clearance to acquire 100% of the shares in, or assets of, Organon BioSciences N.V.(Organon BS). In New Zealand, Organon BS operates as Intervet Limited.

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June 2007

Reasons published for decline of Transpacific's acquisition

29 June 2007

The Commerce Commission has published its reasons for declining to grant clearance for Transpacific Industries to acquire the South Island assets and businesses of EnviroWaste Services and up to 50% of the shares in Manawatu Waste.

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May 2007

Commission declines application by Transpacific Industries to acquire waste disposal businesses

31 May 2007

The Commerce Commission has declined to grant clearance for Transpacific Industries to acquire the South Island assets and businesses of EnviroWaste Services and up to 50% of the shares in Manawatu Waste.

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Supreme Court decision promotes competition with Fonterra

31 May 2007

In a decision issued yesterday, the Supreme Court has affirmed the Commerce Commission's view on the way that Fonterra should calculate the default milk price.

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Warehouse acquisition clearance applications: date extension

25 May 2007

A further extension has been agreed to the due date for two clearance decisions relating to The Warehouse.

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Variation to NZRU salary cap agreed

11 May 2007

The Commerce Commission has authorised the New Zealand Rugby Union to vary the salary cap rules for provincial unions competing in the Air New Zealand Cup. The variation applies only to the 2007 year.

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Commission declines applications from Foodstuffs and Woolworths to acquire The Warehouse

8 May 2007

The Commerce Commission has declined to grant clearance to Foodstuffs and declined to grant clearance to Woolworths Limited for either of them to acquire up to 100% of the shares in The Warehouse Group Limited.

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April 2007

Settlement reached over dinner deal at the Hermitage

18 April 2007

The Commerce Commission has reached a settlement with Aoraki Mount Cook Alpine Village Ltd, which owns the Hermitage Hotel at Mount Cook.

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March 2007

HSBC released from interchange fees case

28 March 2007

The Commerce Commission yesterday discontinued its case against the Hongkong and Shanghai Banking Corporation Ltd for alleged price-fixing in relation to interchange fees.

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Warehouse acquisition clearance applications: date extension

28 March 2007

A further extension has been agreed to the due date for two clearance decisions relating to The Warehouse.

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Commission can pursue overseas residents: High Court

21 March 2007

The High Court has ruled that the Commerce Commission can pursue penalty proceedings against three defendants in the wood chemicals cartel case who were living overseas when the cartel was operating.

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Goodman Fielder Limited cleared to acquire River Mill Bakeries

19 March 2007

The Commerce Commission has cleared Goodman Fielder Limited (Goodman Fielder) to acquire the flour and bread assets of River Mill Bakeries Limited (River Mill Bakeries).

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Variation of NZRU authorisation: draft determination

19 March 2007

The Commerce Commission has released a draft determination on the New Zealand Rugby Union's application to vary the authorisation it granted last year for a salary cap. Without that authorisation, the cap risked breaching the restrictive trade practice provisions of the Commerce Act.

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Elite Truck Rentals Limited cleared to acquire ORIX Truck Rentals

5 March 2007

The Commerce Commission has cleared Elite Truck Rentals Limited (Elite) to acquire 100% assets of ORIX Truck Rental (ORIX), a division of ORIX New Zealand Limited.

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February 2007

Transpacific Technical Services applies for clearance to acquire Medi-Chem

28 February 2007

The Commerce Commission has received an application from Transpacific Technical Services (NZ) Limited (TTS) seeking clearance to acquire the assets and businesses of Medi-Chem Waste Services Limited (Medi-Chem) that relate to the treatment, recycling, and disposal of solvents; and the assets and businesses of Medi-Chem that relate to the collection, treatment and disposal of other hazardous wastes (not including the business relating to medical, quarantine and infectious waste, or the business of collecting and recycling lamps, amalgam and x-ray film and fluids).

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BOC Limited cleared to acquire Shell's LPG portfolio

22 February 2007

The Commerce Commission has cleared BOC Limited to acquire Shell New Zealand Limited's LPG business and Shell New Zealand Holding Company Limited's shareholding in Liquigas Limited; collectively referred to as Shell's LPG Portfolio.

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January 2007

Carter Holt Harvey applies for clearance to acquire Lakesawn Lumber

18 January 2007

The Commerce Commission has received an application from Carter Holt Harvey Limited seeking clearance to acquire the structural and industrial sawmilling business and certain assets of Lakesawn Lumber Limited.

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Woolworths applies for clearance to acquire The Warehouse

17 January 2007

The Commerce Commission has received an application from Woolworths Limited seeking clearance to acquire up to 100% of the shares in, or assets, of The Warehouse Group Limited.

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Goodman Fielder applies for clearance to acquire River Mill Bakeries

17 January 2007

The Commerce Commission has received an application from Goodman Fielder Limited (Goodman Fielder) seeking clearance to acquire the flour and bread assets of River Mill Bakeries Limited (River Mill Bakeries).

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BOC Limited applies for clearance to acquire Shell's LPG portfolio

10 January 2007

The Commerce Commission has received an application from BOC Limited to acquire Shell New Zealand Limited's (SNZ) LPG business and Shell New Zealand Holding Company Limited's (SNZH) shareholding in Liquigas Limited; collectively referred to as Shell's LPG Portfolio.

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