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Business Competition media releases

December 2008

Commerce Commission - Fonterra did not breach Commerce Act

24 December 2008

The Commerce Commission considers that Fonterra Co-operative Group Limited (Fonterra) has not breached the Commerce Act by engaging in what it calls 'tactical pricing'.

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Schneider to pay $1.1 million for cartel activity targeting electricity sector

23 December 2008

Proceedings brought by the Commerce Commission have resulted in the Auckland High Court imposing a $1,050,000 penalty on Schneider Electric SA after the company admitted participating in a price-fixing and bid-rigging cartel in the gas insulated switchgear industry. Schneider must also pay $50,000 in costs to the Commission.

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Fletchers applies for clearance to acquire Auckland and Whangarei masonry assets of Stevenson Group

19 December 2008

The Commerce Commission has received an application from Fletcher Building Limited seeking clearance to acquire up to 100 percent of the assets of Stevenson Group Limited's Whangarei masonry business, and Stevenson's Auckland masonry business.

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New Zealand Woolscourers applies for clearance

17 December 2008

The Commission has received an application from Auckland businessman Mr David Ferrier seeking clearance by him and his wholly owned company New Zealand Woolscourers Limited to acquire the wool scouring and wool dumping assets of Godfrey Hirst NZ Limited, as well as up to 100 percent of the shares in Cavalier Wool Holdings Limited and some of Godfrey Hirst's wool scouring assets at Napier. The application also contains an undertaking that Mr Ferrier will subsequently divest the wool dumping assets of Godfrey Hirst.

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International air cargo cartel to be prosecuted

15 December 2008

The Commerce Commission is today initiating proceedings in the High Court in Auckland against 13 airlines and seven airline staff, including senior executives, for extensive and long-term cartel activity in the air cargo market.

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Commerce Commission releases guidelines on school uniforms

8 December 2008

The Commerce Commission is issuing guidelines today to provide information and guidance to schools when they enter into arrangements for the supply of school uniforms. The Commerce Act prohibits conduct that restricts competition.

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Coca-Cola Amatil NZ applies for clearance to acquire Baker Hall

8 December 2008

The Commerce Commission has received an application from Coca-Cola Amatil (NZ) Limited (CCA) seeking clearance to acquire the hot-fill bottling production line, brands and associated business assets of cordial products, bearing the brands Baker Halls and Barker Halls Originals, from Old Fashioned Foods Limited (OFF).

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November 2008

Commerce Commission provides guidelines on the process for merger and acquisition clearance applications

26 November 2008

Following public consultation the Commerce Commission has published guidelines to assist businesses and their advisers when applying to the Commission for a clearance to merge with or acquire assets of a business or shares. The Commission has also revised the application form for merger and acquisition clearances.

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Elevator company admits attempted price fixing

14 November 2008

The Commerce Commission has concluded an investigation into anti-competitive conduct in the elevator industry, reaching a settlement with one company.

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First Security parent company ISS cleared to acquire manned guarding business of Chubb

7 November 2008

The Commerce Commission has cleared ISS Holdings NZ Limited (ISS) to acquire a portion of the manned (static and mobile) guarding business of Chubb New Zealand Limited (Chubb).

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October 2008

Gas Authorisation will further reduce prices

31 October 2008

The Commerce Commission has today released the Authorisation for the Control of Supply of Natural Gas Distribution Services by Vector Ltd and Powerco Ltd, which will result in further reductions in prices for gas distribution services.

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Salmon Smolt NZ cleared to acquire assets of Silverstream Hatchery from NIWA

30 October 2008

The Commerce Commission has granted clearance to Salmon Smolt New Zealand Limited to acquire the assets of Silverstream Hatchery from the National Institute of Water and Atmospheric Research Limited (NIWA).

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Commerce Commission declines to give Tegel Foods clearance to acquire Brinks

23 October 2008

The Commerce Commission has declined to give clearance for Tegel Foods Limited (Tegel) to acquire the assets and undertaking of the poultry businesses of P H Van den Brink Limited, VDB Industries Limited, Brinks South Island Limited, Southland VDB Limited, and BAT Promotions Limited, collectively known as Brinks.

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Shell NZ cleared to acquire certain aviation fuel assets of Mobil Oil NZ

13 October 2008

The Commerce Commission has cleared Shell New Zealand Limited to acquire Mobil Oil New Zealand Limited's Aerostop network assets.

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Salmon Smolt NZ applies for clearance to acquire Silverstream Hatchery from NIWA

10 October 2008

The Commerce Commission has received an application from Salmon Smolt New Zealand Limited seeking clearance to acquire the assets of Silverstream Hatchery from the National Institute of Water and Atmospheric Research Limited.

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First Security parent company ISS applies for clearance to acquire part of Chubb

2 October 2008

The Commerce Commission has received an application from ISS Holdings NZ Limited (ISS) seeking clearance to acquire a portion of the manned (static and mobile) guarding business of Chubb New Zealand Limited (Chubb).

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Commerce Commission issues update on electricity investigation

1 October 2008

The Commerce Commission anticipates receiving by the end of the month an initial report as part of an investigation into whether any of the activities of participants in the electricity industry are likely to have breached Part 2 of the Commerce Act. The investigation has focused on whether any participants breached section 36 of the Act by taking advantage of a substantial degree of market power for an anti-competitive purpose.

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September 2008

Commerce Commission issues final determination on Maui Gas Pipeline Open Access

18 September 2008

The Commerce Commission has today issued the final determination in relation to an application under section 58 of the Commerce Act by two Todd companies in relation to access to the Maui gas pipeline. This is consistent with the Commission's preliminary view stated in its April draft determination.

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Commission declines to grant clearance to Southern Cross and Aorangi Hospital to form a joint venture

4 September 2008

The Commerce Commission has declined to grant clearance to Southern Cross Health Trust and Aorangi Hospital Limited to merge their respective private hospital operations in Palmerston North.

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August 2008

CSR Building Products cleared to acquire assets of Ross Roofing

27 August 2008

The Commerce Commission has granted clearance to CSR Building Products to acquire the Ross Roofing, Rosscrete Roofing Tiles and the Ross Brick & Pavers businesses of the Ross group of companies.

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Auckland International Airport drops single duty free concessionaire plans

14 August 2008

Auckland International Airport Limited (AIAL) has entered into an undertaking with the Commerce Commission to drop plans to reduce the number of duty free retailers from two to one.

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July 2008

Warehouse decision a victory for consumers

31 July 2008

The Commerce Commission says a decision by the Court of Appeal overturning the High Court decision on ownership of The Warehouse Group Ltd is a victory for supermarket consumers and competition in markets.

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Commerce Commission files proceedings against Waikato pathology service providers

17 July 2008

The Commerce Commission has filed proceedings in the High Court against pathology service providers New Zealand Diagnostic Group Limited, Hamilton Medical Laboratory Holdings Limited (collectively NZDG) and Pathology Associates Limited (PAL). From 2004 to 2007 Hamilton Medical was a wholly owned subsidiary of New Zealand Diagnostic.

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Commerce Commission reminds industry: comply with statutory information requests or face prosecution

16 July 2008

The Commerce Commission is prosecuting three airlines for not providing information and documents during an investigation into allegations of price-fixing and other anti-competitive conduct in the air cargo industry.

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Commerce Commission seeks leave to appeal in NZ Bus/Mana Coach Services case

4 July 2008

The Commerce Commission is seeking leave to appeal to the Supreme Court against the Court of Appeal decision dismissing a claim for liability against Infratil Limited. The Court of Appeal said that Infratil was not liable for breaching the Commerce Act as an accessory in the attempted acquisition of Mana Coach Services by New Zealand Bus Limited (NZBL).

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CSR Building Products applies for clearance to acquire assets of Ross Roofing

3 July 2008

The Commerce Commission has received an application from CSR Building Products seeking clearance to acquire the Ross Roofing, Rosscrete Roofing Tiles and the Ross Brick & Pavers businesses of the Ross group of companies.

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Commerce Commission consults on process guidelines for merger and acquisition clearance applications

2 July 2008

The business community is being asked for input on a set of process guidelines the Commerce Commission plans to publish, giving guidance to businesses seeking clearance for a merger or acquisition.

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June 2008

Shell NZ applies for clearance to acquire certain aviation fuel assets of Mobil Oil NZ

25 June 2008

The Commerce Commission has received an application from Shell New Zealand Limited seeking clearance to acquire Mobil Oil New Zealand Limited's Aerostop network assets.

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Reasons published for decline of DFS Galleria's acquisition of Nuance

23 June 2008

The Commerce Commission has published its reasons for declining to grant clearance for DFS Group Limited (DFS Galleria) to acquire 100 % of the shares in The Nuance Group (Nuance).

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Redeal cleared to acquire Egley Electrical

12 June 2008

The Commerce Commission has cleared Redeal Limited to acquire the assets and business of Egley Electrical Co Limited and Egley Electrical Petone Limited.

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

6 June 2008

A judgment released by the Court of Appeal today confirms a High Court ruling that the attempted acquisition of Mana Coach Services by New Zealand Bus Limited (NZBL) was likely to substantially lessen competition in the Wellington regional market for rights to supply subsidised scheduled public and school bus services, in breach of section 47 of the Commerce Act.

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May 2008

Greater certainty for regulated businesses

23 May 2008

The Commerce Commission has launched a significant new project to create a series of regulatory guidelines and principles that will apply to the regulated businesses in the electricity and gas sectors.

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Tegel Foods Limited applies for clearance to acquire a group of companies collectively known as Brinks

22 May 2008

The Commerce Commission has received an application from Tegel Foods Limited (Tegel) to acquire the assets of the poultry businesses of P H Van den Brinks Limited, VDB Industries Limited, Brinks South Island Limited, Southland VDB Limited, and BAT Promotions Limited, known as Brinks.

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Commerce Commission appeals 0867 High Court judgment

19 May 2008

The Commerce Commission will appeal a judgment by the High Court in Auckland in the long-running case against Telecom Corporation of New Zealand Limited (Telecom).

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Redeal applies for clearance to acquire Egley Electrical

16 May 2008

The Commerce Commission has received an application from Redeal Limited seeking clearance to acquire the assets and business of Egley Electrical Co Limited and Egley Electrical Petone Limited.

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Flint Group Holdings S.A.R.L. cleared to acquire Siegwerk New Zealand Limited

14 May 2008

The Commerce Commission has cleared Flint Group Holdings S.A.R.L. (Flint Holdings) to acquire, directly or indirectly, up to 100% of the assets of the business of Siegwerk New Zealand Limited (Siegwerk).

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April 2008

Vita NZ cleared to acquire assets of Pacific Brands

29 April 2008

The Commerce Commission gave clearance on 24 April 2008 for Vita New Zealand to acquire all of the New Zealand foam, flooring and bedding businesses of Pacific Brands.

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Commerce Commission considers 0867 High Court judgment

18 April 2008

The Commerce Commission is reviewing the decision released today by the High Court in Auckland in its long-running case against Telecom Corporation of New Zealand Limited (Telecom).

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Commerce Commission issues Maui Pipeline Open Access draft determination

15 April 2008

The Commerce Commission has today issued a draft determination in relation to an application under section 58 of the Commerce Act by two Todd companies in relation to access to the Maui pipeline.

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Flint Group Holdings applies for clearance to acquire Siegwerk New Zealand Limited

4 April 2008

The Commerce Commission has received an application from Flint Group Holdings to acquire up to 100% of the assets of Siegwerk New Zealand Limited.

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New Zealand Investment Holdings Ltd cleared to acquire RX Plastics Ltd

3 April 2008

The Commerce Commission has cleared New Zealand Investment Holdings Limited (NZIH) or any of its interconnected bodies corporate to acquire 100% of the shares, or assets and business, of RX Plastics Limited.

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Southern Cross and Aorangi Hospital apply for clearance to form a joint venture

1 April 2008

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

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March 2008

Commission declines to give DFS Group Limited clearance to acquire the New Zealand operations of The Nuance Group

31 March 2008

The Commerce Commission has today declined to give clearance for DFS Group Limited (DFS Galleria) to acquire 100 % of the shares in, or assets of, the New Zealand operations of The Nuance Group (Nuance).

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Commission declines to give Sumitomo Forestry clearance to acquire Carter Holt Harvey MDF assets in Rangiora

20 March 2008

The Commerce Commission has today declined to give clearance to Sumitomo Forestry Co Limited 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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Vita NZ applies for clearance to acquire assets of Pacific Brands

12 March 2008

The Commerce Commission has received an application from Vita New Zealand seeking clearance to acquire the New Zealand foams, flooring and bedding businesses of Pacific Brands.

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February 2008

Crane Group applies for clearance to acquire RX Plastics

21 February 2008

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

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New Zealand Investment Holdings applies for clearance to acquire RX Plastics

13 February 2008

The Commerce Commission has received an application from New Zealand Investment Holdings Limited (NZIH) seeking clearance to acquire 100% of the shares, or assets and business, of RX Plastics Limited.

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Air Liquide cleared to acquire ASCOGAS

13 February 2008

The Commerce Commission has cleared Air Liquide to acquire all the shares of ASCOGAS.

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Nufarm's prosecution brings fines in NZ's biggest cartel case over $7.5m

12 February 2008

New Zealand's largest cartel case to date has resulted in further heavy penalties for companies and individuals involved in the cartel in the timber preservatives industry.

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Cadmus and Provenco cleared to merge

5 February 2008

The Commerce Commission has cleared the proposed merger between Cadmus Technology Limited (Cadmus) and Provenco Group Limited (Provenco).

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Court dates set for Warehouse appeal

5 February 2008

The Court of Appeal has set 29 April -1 May 2008 as the dates for the Commerce Commission's appeal against the High Court's decision to be heard. The High Court's decision in November 2007 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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January 2008

Commission welcomes leave to appeal Warehouse judgment

31 January 2008

The Commerce Commission has welcomed today's decision by Justice Mallon at the High Court in Wellington to grant leave to appeal her earlier Warehouse decision to the Court of Appeal.

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