Guidelines provide in-depth information about rules and practices for Mergers and Acquisitions and avoiding anti competitive behaviour.
These Guidelines set out the approach the Commerce Commission proposes to follow in relation to the application of the cease and desist order provisions contained in ss 74A to 74D of the Commerce Act.
These guidelines are intended to be a practical tool to assist procurers (purchasers) to ensure open and effective competition and achieve best value for money.
We have issued revised draft Mergers and Acquisitions Guidelines (MAG) for consultation. The current version of MAG was published in 2003.
These guidelines reflect the Commission's current approach for assessing divestment undertakings.
The Commission sometimes receives applications for clearance that claim an otherwise anti-competitive merger or acquisition should be cleared by the Commission because one or more of the parties is failing, or has a failing division, and its assets will otherwise leave the market. This is commonly called the 'failing firm argument'.
We have issued draft Authorisation Guidelines for consultation.
These guidelines set out a streamlined process that will enable the Commission to make a decision on straightforward authorisation applications as quickly as possible.
Members of trade or industry associations are usually competitors. This means that care must be taken to ensure that associations and individual members do not engage in anti-competitive behaviour that may breach the Commerce Act.
As some arrangements for the supply of uniforms might raise issues under the Commerce Act, the Commission has prepared these guidelines to allow all parties to be more informed.