Confidentiality/OIA processes for applications

To effectively assess clearance or authorisation under the Commerce Act 1986, we need to gather information from a range of sources and test that information. At least some of the information that we receive during our assessments may be confidential, and we have processes in place to preserve the confidentiality of information, while also enabling us to test that information.

Applications for clearance and authorisation – in particular, for mergers and acquisitions – are often time-sensitive, so we have designed our process to ensure we can complete our assessments as quickly and efficiently as possible, while adhering to the principles of natural justice.

We also seek to be as transparent as possible in our assessments of applications for clearance and authorisation. This ensures parties have a fair opportunity to represent their positions and also helps ensure we make robust determinations.

In July 2026, we published a consultation version of new guidance on confidentiality and Official Information Act processes for our assessment of applications for clearance and authorisation under the Commerce Act. The consultation document canvasses amongst other things:

• how and why we gather confidential information
• when we will disclose confidential information
• how we protect information that must be disclosed
• what parties providing submissions or information need to know.

Submissions closed on 30 July. We received submissions from interested parties and have published non-confidential versions of those submissions.

We are considering the feedback received through the consultation process. Subject to that feedback, we will publish final guidance on confidentiality/OIA processes for applications.

The new confidentiality/OIA process will take effect in respect of all applications registered one month after we publish the final guidance.