Merger investigations (s 47)

The Commerce Act prohibits a business from acquiring a firm’s assets or shares if that merger is likely to substantially lessen competition in a market.

Firms that wish to merge are not required to seek clearance or authorisation from the Commission. However, if we consider that a merger may have the effect or likely effect of substantially lessening competition, we may investigate under section 47 of the Commerce Act.

Our Competition and Consumer Investigation Guidelines provides details on how we investigate competition matters.

If we consider that the law may have been breached, we can take enforcement action under the Commerce Act. This can result in significant penalties and the Court may order that the merger to be reversed. 

Our Enforcement Response Guidelines and enforcement criteria provide details on how we decide on an appropriate enforcement response.

Section 47 investigations register

The Section 47 investigations register contains a list of all current merger investigations under section 47 of the Commerce Act. It also includes any media releases for those investigations, as well as a summary of any enforcement response taken.

See the section 47 investigations.