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December 2003

Commerce Commission highlights for 2003

24 December 2003

Issued 24 December 2003

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Guidelines provide greater clarity on competition threshold

19 December 2003

Issued 19 December 2003-04/

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Commission clears Best Western to acquire Pacifica

4 December 2003

Issued 4 December 2003

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November 2003

MediMedia applies to acquire medical publications

24 November 2003

Issued 24 November 2003

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Commerce Commission clears Holcim to acquire Atlas

21 November 2003

Issued 21 November 2003

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Best Western applies for clearance to acquire Pacifica

18 November 2003

Issued 18 November 2003

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October 2003

Commission alerts public to second mail out from Domain Names

31 October 2003

The Commerce Commission is aware of a second mass mail out by Australian-based company, Domain Names NZ, and strongly urges that people look carefully at all details before considering paying any sum requested.

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Competition terms and conditions must be clearly disclosed:Plastic Box, Sports and Events Marketing admit Fair Trading breach

29 October 2003

The Commission is sending a message to all businesses running in-store competitions to clearly disclose all significant terms and conditions, following a settlement with two businesses, Plastic Box (Group) Limited and Sports and Events Marketing Limited.

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Commission receives clearance application from Holcim

10 October 2003

Issued 10 October 2003

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September 2003

ANZ Bank cleared to acquire National Bank

25 September 2003

Issued Thursday 25 September 2003

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Commerce Commission clears South Pacific Seeds

25 September 2003

Issued Thursday 25 September 2003

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Commission grants clearance to Todd Pohokura

23 September 2003

Issued Tuesday 23 September

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'Everyone Love' baby walkers put children at risk

16 September 2003

Issued 16 September 2003

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TelstraClear guilty of misleading its customers

12 September 2003

Issued 12 September 2003

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Westpac and MiTek withdraw clearance applications

12 September 2003

Issued: Friday 12 September 2003

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TrustPower to refund customers for Fair Trading Act breach

5 September 2003

In a settlement with the Commerce Commission, TrustPower Limited has admitted breaching the Fair Trading Act and will refund approximately 200 customers who may have been misled about electricity price increases.

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Commission receives clearance application from MiTek

5 September 2003

The Commerce Commission has received an application from MiTek New Zealand Limited (MiTek) seeking clearance to acquire the assets of Pryda New Zealand (Pryda) and Reid New Zealand (Reid).

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Electricity Lines Businesses: Commission releases draft decisions for resetting the price path threshold

5 September 2003

The Commerce Commission today released draft decisions relating to the regulation of large electricity lines businesses (distribution businesses and Transpower). This work is part of the Commission's continuing development of a regulatory regime for lines businesses, as required by Part 4A of the Commerce Act.

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August 2003

Commission receives clearance application from ANZ

14 August 2003

The Commerce Commission has received an application from ANZ Banking Group (New Zealand) Limited (ANZ) to acquire NBNZ Holdings Limited, the New Zealand holding company of The National Bank of New Zealand Limited and its controlled subsidiaries (National) from Lloyds TSB Bank plc.

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July 2003

Electricity Industry Reform Act: Commission grants exemption to Eastland Network

24 July 2003

The Commerce Commission has exempted Eastland from the application of the cross involvement rules of the Electricity Industry Reform Act 1998 (EIR Act).

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Bungy New Zealand receives Commerce Act clearance to acquire Pipeline Bungy

24 July 2003

The Commerce Commission has cleared Bungy New Zealand Limited to acquire the Pipeline Bungy business operating in Skippers Canyon, Queenstown.

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Penalties doubled and enforcement powers strengthened by new Fair Trading legislation

23 July 2003

Recent changes to the Fair Trading Act have extended the Commerce Commission's powers to deal with misleading and unfair trading practices by businesses.

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Telecommunications Act – Unbundling reviews: Commission updates timetable

23 July 2003

The Commerce Commission today published an update to the timetable for the reviews into unbundling of Telecom New Zealand's local loop network and its fixed Public Data Network.

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Confirmation of Air New Zealand and Qantas conferences

18 July 2003

The Commerce Commission today confirmed that the conferences it will hold on the Air New Zealand and Qantas applications for Commerce Act authorisations will commence in Wellington on 18 August 2003.

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Gas Pipelines Inquiry: Commerce Commission releases draft framework paper

16 July 2003

The Commerce Commission today released a draft framework paper which proposes legal and analytical frameworks to be used in the Gas Pipelines Inquiry. The Commission commenced the inquiry as a result of a request from the Minister of Energy pursuant to Part IV of the Commerce Act.

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Wizard Home Loans' advertising misleading – Chinese community targeted

15 July 2003

A company named New Aussie Finance Pty Limited, licensed to trade as Wizard Home Loans to the Chinese and Korean communities in the greater Auckland region, has admitted its advertising was misleading and in breach of the Fair Trading Act in a settlement with the Commerce Commission.

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June 2003

Commission clears Wesfarmers to acquire Paykel

30 June 2003

Issued 30 June 2003

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May 2003

Telecommunications Act: Wholesale determination delivers choice for consumers

12 May 2003

New Zealanders will soon have a greater choice in purchasing telecommunication services, particularly in regional areas.

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Commission alerts tradespeople not to register

9 May 2003

The Commerce Commission is alerting businesses to the activities of a company calling itself Trade Registrations NZ Ltd and is concerned that the scheme it is promoting may not be legitimate.

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King Cargo fined $5,000 for selling dodgy bicycles

7 May 2003

King Cargo Limited was fined $5,000 plus costs in the Masterton District Court last week for selling bicycles that failed to comply with the bicycle safety standard.

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Used car dealers warned over misleading odometer claims

6 May 2003

The Commerce Commission has warned ten used car dealers that their advertising may be in breach of the Fair Trading Act, and that it will prosecute those dealers who continue to mislead customers.

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Telecommunications Act - Unbundling reviews: Commission issues RFP and timetable update

5 May 2003

The Commerce Commission has released a request for proposals (RFP) to conduct a cost-benefit analysis of the regulatory options for the unbundling of Telecom New Zealand's local loop network and its fixed Public Data Network. This forms part of the Commission's investigations into assessing the desirability of unbundling under section 64 of the Telecommunications Act 2001.

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Electricity Lines Businesses: Commission releases thresholds decision paper

2 May 2003

The Commerce Commission today released a decision paper on the thresholds to apply as part of its regulatory regime for electricity lines businesses, as well as a draft Gazette notice that will be used to formally set the thresholds. This work is required under Part 4A of the Commerce Act.

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AMP Diversified Property Trust applies for EIRA exemption

1 May 2003

The Commerce Commission has received an application from the AMP Diversified Property Trust (ADP), certain subsidiaries of AMP Limited and other persons involved with ADP's property investment activities, for an exemption under the Electricity Industry Reform Act 1998 (EIRA) in relation to ownership separation provisions.

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Commerce Act: Update on process and timing for Pohokura gas authorisation

1 May 2003

The Commerce Commission will release its draft determination on the application for authorisation regarding the Pohokura gas field on Thursday 15 May. The Commission had initially intended to release the determination today.

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Eastland Network applies for EIRA exemption

1 May 2003

The Commerce Commission has received an application from the Eastland Network Limited for an exemption under the Electricity Industry Reform (EIR) Act 1998.

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Telecommunications Act: Commission publishes report on pricing principle

1 May 2003

The Commerce Commission has today published a draft report proposing an amendment to the formula under the Telecommunications Act for setting initial prices for bundled service offerings.

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April 2003

Air New Zealand and Qantas: Commission agrees extension

30 April 2003

The Commerce Commission has granted a six week extension for all parties to make submissions on its Air New Zealand Limited and Qantas Airways Limited draft determinations and has extended the process to allow for cross submissions. The extension means that the Commission expects to make its final determination in September 2003.

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Air New Zealand and Qantas authorisations: Commission considering request for extension

28 April 2003

The Commerce Commission is considering a request for an extension from Air New Zealand Limited and Qantas Airways Limited relating to their applications for authorisation under the Commerce Act. The applicants have requested more time to make submissions on the Commission's draft determinations.

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Telecommunications Act: Preliminary analysis of Telecom's TSO model and Commission's own proposed model

23 April 2003

The Commerce Commission today released the access network model that it proposes to use in estimating the annual cost to Telecom New Zealand Limited of complying with its telecommunications service obligations (TSO). The Commission's modelling forms part of its preparatory work for the publication of its draft and final TSO determination.

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Commission concerned about activities of Global Pre-Paid Communications and In Touch Networks

17 April 2003

The Commerce Commission is concerned about the activities of an Australian-based company, trading under the names Global Pre Paid Communications Pty Limited and In Touch Networks Pty Limited, following the commencement of legal proceedings against the company by the Australian Competition and Consumer Commission (ACCC).

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Time-share company fined $30,000 for misleading conduct

17 April 2003

Time-share company One World Leisure (NZ) Limited (OWL) was fined $30,000 plus costs in the Auckland District Court today after pleading guilty to breaching the Fair Trading Act in relation to its promotion of time-share investments and holiday ownership.

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Infinity Concierge scheme costs promoter $11,520

11 April 2003

Following the recent Commerce Commission prosecution of pyramid selling scheme Infinity Concierge Limited and its operators, a fifth defendant, David John Mawson, was fined $11,520 including costs in the Christchurch District Court yesterday for operating or promoting a pyramid selling scheme, in breach of the Fair Trading Act.

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Commerce Act: Qantas & Air NZ draft determinations

10 April 2003

The Commerce Commission considers that an alliance between Air New Zealand and Qantas Airways Limited would not result in a net public benefit to New Zealanders, and on the basis of the information available, it would be likely to decline applications by both airlines for authorisation under the Commerce Act. The Commission released its draft determinations today.

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Telecommunications Act: Commission commences investigation into unbundling Telecom's local loop network and fixed Public Data Network

10 April 2003

The Commerce Commission has today released an issues paper to commence its investigation into unbundling Telecom's local loop network and its fixed Public Data Network.

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Media briefing on release of Qantas and Air New Zealand draft determination

8 April 2003

The Commerce Commission will release its draft determination relating to applications by Qantas Airways Limited and Air New Zealand for authorisations under the Commerce Act at 12noon on Thursday 10 April 2003.

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Commerce Commission - key diary notes for media

7 April 2003

Key diary notes relating to Commerce Commission activities this week include:

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Commission clears Pfizer Laboratories to acquire Pharmacia

4 April 2003

The Commerce Commission has cleared Pfizer Laboratories Limited to acquire the business assets of Pharmacia Limited Company subject to a confidential undertaking.

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Telecommunications Act: Update on TSO process

4 April 2003

The Commerce Commission will this month release the model it proposes to use to estimate Telecom New Zealand Limited's cost of complying with its telecommunications service obligations (TSO). In addition, the Commission will release its analysis of Telecom's own TSO cost model, and invites industry parties to make submissions on both models.

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March 2003

Promoter fined $4,500 for involvement in SkyBiz multi-level selling scheme

31 March 2003

Gregory Ian Dawson was fined $4,500 plus $1630 costs in the Auckland District Court on Friday having pleaded guilty to breaching the Fair Trading Act in relation to his involvement in US-based international multi-level selling scheme SkyBiz between 1999 and 2001.

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Electricity Lines Businesses: Commission decides on thresholds

31 March 2003

Electricity Lines Businesses: Commission decides on thresholds[/publications/decisions/media.pdf]

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Telecommunications Act: Update on unbundling the Local Loop Network and the fixed Public Data Network

27 March 2003

The Commerce Commission will commence investigations into the desirability of regulating the unbundling of Telecom New Zealand Limited's local loop network and its fixed Public Data Network with the release of an issues paper next month.

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Telecommunications Act: Commission receives application for number portability determination

27 March 2003

The Commerce Commission has received an application from five telecommunications carriers for a determination for designated multinetwork services under the Telecommunications Act 2001 in respect of the local telephone number portability service and the cellular telephone number portability service.

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Telecommunications Act: Commission to investigate CallPlus application for interconnection determination

26 March 2003

The Commerce Commission will investigate the interconnection element of CallPlus Limited's application for an access determination under the Telecommunications Act 2001. CallPlus applied to the Commission in December 2002 for a determination relating to interconnection services and wholesale (resale) services from Telecom New Zealand Limited.

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Commission puts the squeeze on juice industry

24 March 2003

Following two successful prosecutions against Rio Beverages Limited and Double-R Soft Drinks Limited last year, the Commerce Commission is continuing to put the squeeze on the marketing practices of fruit juice companies.

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Commission declines Brambles application to acquire GE Capital Returnable Packaging Systems

21 March 2003

The Commerce Commission has declined a clearance application from Brambles New Zealand Limited (Brambles) to acquire the business assets of GE Capital Returnable Packaging Systems Limited (GECRPS).

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Commerce Commission receives clearance application from Pfizer Laboratories Limited

21 March 2003

The Commerce Commission has received an application from Pfizer Laboratories Limited to acquire the business assets of Pharmacia Limited Company.

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Pyramid selling slammed: Infinity Concierge fined over $38,000

12 March 2003

The Commerce Commission is warning the public not to get involved in pyramid selling after the Christchurch District Court fined Infinity Concierge and its operators a total of $38,760 including costs for operating or promoting a pyramid selling scheme, in breach of the Fair Trading Act.

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Commerce Act: Southern Capital cleared to acquire Hirepool

7 March 2003

The Commerce Commission has cleared Southern Capital Limited to acquire 100% of the shares in Hirepool Limited from Owens Group Limited.

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Commission grants EIRA exemption

7 March 2003

The Commerce Commission has exempted Mr Samford Lee Maier (Junior) from the application of the cross involvement rules of the Electricity Industry Reform Act 1998 (EIR Act).

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Electricity Lines Businesses: conference details

7 March 2003

The Commerce Commission will hold a five-day conference on its draft decisions on the regulatory regime for electricity lines businesses from 10-14 March 2003.

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Air New Zealand and Qantas: Commission outlines timing of draft determination and conference

5 March 2003

The Commerce Commission intends to release simultaneously two draft determinations relating to two applications by Qantas and Air New Zealand for authorisation under the Commerce Act in early April 2003.

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DIRA: Closing date for submissions extended

3 March 2003

The closing date for submissions on the Commission's draft determination relating to setting the discount rate for calculating Fonterra Co-operative Group Limited's annualised share value for the 2001-2002 season has been extended until Friday 7 March.

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February 2003

Telecommunications Act: Commission to investigate pricing principle

27 February 2003

The Commerce Commission is investigating whether the formula under the Telecommunications Act for setting initial prices for bundled service offerings should be amended.

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Electricity Lines Businesses: Commission confirms conference details

27 February 2003

The Commerce Commission will hold a five-day conference on its draft decisions on the regulatory regime for electricity lines businesses from 10-14 March 2003.

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TelstraClear pleads guilty to misleading Sky TV offer

26 February 2003

TelstraClear Limited was fined $5,000 plus costs in the North Shore District Court today, having pleaded guilty to misleading its customers as to the nature of a Sky TV promotional offer.

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Commerce Act: Southern Capital applies to Commission to acquire Hirepool

24 February 2003

The Commerce Commission has received a clearance application from Southern Capital Limited to acquire 100% of the shares in Hirepool Limited from Owens Group Limited.

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Commission clears Burns Philp to acquire Goodman Fielder

21 February 2003

The Commerce Commission has cleared Burns Philp & Company Limited to acquire up to 100% of the share capital of Goodman Fielder Limited subject to a divestment of the New Zealand yeast business of New Zealand Food Industries Limited (NZFI).

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Commerce Act: Extension to Burns Philp clearance application

20 February 2003

The Commerce Commission and Burns Philp & Company Limited have agreed to a 24 hour extension to allow further consideration of Burns Philp's application under the Commerce Act for clearance to acquire up to 100% of the share capital of Goodman Fielder Limited.

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Commission clears Wakefield to acquire Bowen Hospital

19 February 2003

The Commerce Commission has cleared Wakefield Hospital Limited to acquire all of the issued shares in Bowen Hospital Limited and all of the land and buildings situated at its Churchill Drive site in Wellington.

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Kiwibank admits advertising liable to mislead

13 February 2003

In a settlement with the Commerce Commission, Kiwibank Limited has admitted that an advertising campaign it ran in September and October last year promoting 'cheaper home loans guaranteed' was liable to mislead consumers.

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Pyramid scheme to refund members $300,000

12 February 2003

The High Court has ordered that money collected from the membership fees of Alpha Club New Zealand Limited be redistributed to some members after deeming the scheme to be pyramid selling in breach of section 24 of the Fair Trading Act.

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Commerce Act: Update on process and timing for Pohokura gas authorisation

12 February 2003

The Commerce Commission is intending to release its final determination on the application for authorisation regarding the Pohokura Gas field at the end of July.

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Commerce Commission clears Gribbles Group to acquire Alpha Scientific

7 February 2003

The Commerce Commission has cleared Gribbles Group Limited to acquire the business and business assets of Alpha Scientific Limited.

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Programme confirmed for telecommunications conference

7 February 2003

The Commerce Commission has confirmed its programme for a four day conference on its draft report relating to TelstraClear Limited's application for a determination to permit the resale of some services offered by Telecom New Zealand Limited.

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Commission agrees out of court settlement with British American Tobacco - includes brand divestment

5 February 2003

The Commerce Commission has settled out of court with British American Tobacco Holdings (New Zealand) Limited (BAT) for alleged breach of the former section 47 of the Commerce Act. The settlement includes divestment of certain international cigarette brands with an estimated net present value of $10 million, plus a contribution of $350,000 to the Commission's costs.

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Commission clears Contact Energy Limited to acquire Taranaki Combined Cycle

4 February 2003

The Commerce Commission has approved an application from Contact Energy Limited (Contact), to acquire 100% of the shares in Stratford Power Limited, a 100% owned subsidiary of Natural Gas Holdings Corporation Limited (NGC), which owns Taranaki Combined Cycle thermal electricity generation plant (TCC).

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Commission clears Genesis Power Limited to acquire Taranaki Combined Cycle

4 February 2003

The Commerce Commission has approved an application from Genesis Power Limited (Genesis), to acquire 100% of the shares in Stratford Power Limited, a 100% owned subsidiary of Natural Gas Holdings Corporation Limited (NGC), which owns Taranaki Combined Cycle thermal electricity generation plant (TCC).

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January 2003

Electricity Lines Businesses: Commission releases draft decisions on implementation detail

31 January 2003

The Commerce Commission today released a paper setting out draft decisions on implementation detail for its regulatory regime for electricity lines businesses.

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Dairy Industry Restructuring Act: Commission releases draft determination on IDP dispute with Fonterra

30 January 2003

The Commerce Commission has reached a preliminary view that Fonterra Co-operative Group Limited (Fonterra) was required by the Dairy Industry Restructuring (Raw Milk) Regulations 2001 to supply Independent Dairy Producers Limited (IDP) with raw milk at the default milk price.

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Dairy Industry Restructuring Act: Commission releases draft determination relating to annualised share value

30 January 2003

The Commerce Commission today published its draft determination relating to setting the discount rate for calculating Fonterra Co-operative Group Limited's (Fonterra) annualised share value for the 2001-2002 season. This is a statutory requirement under the Dairy Industry Restructuring (Raw Milk) Regulations 2001.

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Meridian Energy to reimburse misled customers

30 January 2003

Meridian Energy Limited has admitted breaching the Fair Trading Act in a letter sent to customers notifying them of changes in tariffs, and has agreed, in a settlement with the Commerce Commission, to compensate affected customers. It will also make a public apology to both Network Tasman and its customers.

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