Commerce Commission releases revised authorisation, and mergers and acquisitions guidelines

The Commerce Commission has released revised guidelines that outline its approach to assessing businesses’ authorisation and merger clearance applications. The guidelines were finalised after a public consultation period in March.

The previous Mergers and Acquisitions Guidelines, which outline the Commission’s approach and process when considering clearances, were last published in 2003. The Authorisation Guidelines, which outline the Commission’s approach and process when considering authorisations for mergers and agreements, replace the Benefit and Detriment Guidelines which were published in 1997.

Commerce Commission Chairman Dr Mark Berry said: “We have revised both to reflect developments in case law, international experience, and the Commission’s plain English standard. The revised merger guidelines also include guidance on our merger process and how we assess failing firm arguments and divestments”.

The revised guidelines can be viewed on the Commission’s website at:

http://www.comcom.govt.nz/mergers-and-acquisitions-guidelines/ and

http://www.comcom.govt.nz/authorisation-guidelines/

Source: Commerce Commission

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