Review of Authorisation and Clearance Provisions of the Commerce Act
On the 6 November 2007 the Government made a set of decisions on the Review of the Authorisation and Clearance provisions (Part 5) of the Commerce Act 1986. A copy of the Cabinet paper is available on this website.
Submissions on the review of Part 5 indicate that while there are some standalone, administrative and low level policy issues that can be progressed quickly; there are several interdependent issues that are potentially bigger than originally thought and we will require additional time to develop robust policy proposals. With this in mind the Government has decided to separate the review of Part 5 into two phases,
- Phase 1: non complex, standalone proposals to be progressed through the Regulatory Improvement Omnibus Bill of the Quality of Regulation Review; and
- Phase 2: final policy proposals on the complex issues to be delayed until 30 June 2008 to allow for targeted research, consultation and analysis of the issues.
The proposed amendments to the Commerce Act 1986, to be included in the Regulatory Improvement Omnibus Bill, are:
- Enabling the Commission to apply to the High Court to enforce undertakings to divest shares or assets approved as a part of a clearance or authorisation of a merger;
- Allowing the Commission to consider and accept minor variations to approved undertakings to divest shares or assets; and
- Removing the 20 day statutory timeframe within which the Commission is required to hold a conference.
A further issue, whether the cases in which lay members can be appointed should be widened, has also been analysed within this review, with the conclusion that the current provisions remain suitable and appropriate.
MED officials intend to undertake further targeted consultation on the remaining issues between now and April 2008. If you have any further questions about the process please send them to commerceactreview@med.govt.nz.
Cabinet paper: Review of the Clearance and Authorisation Provisions under the Commerce Act 1986
[ Published 30 November 2007 ]
On the 6 November 2007 the Government made a set of decisions on the Review of the Authorisation and Clearance provisions (Part 5) of the Commerce Act 1986.
Regulatory Impact Statement: Review of the Clearance and Authorisation Provisions under the Commerce Act 1986
[ Published 30 November 2007 ]
Regulatory Impact Statement to the cabinet paper Review of the Clearance and Authorisation Provisions under the Commerce Act 1986.
Submissions on the Review of Authorisation and Clearance Provisions of the Commerce Act
Submissions received on the Review of Authorisation and Clearance Provisions of the Commerce Act.
Review of the Clearance and Authorisation Provisions under the Commerce Act 1986: Discussion Document
[ Published 29 May 2007 ]
The discussion document is seeking feedback from all interested parties on a range of issues relating to the authorisation and clearance provisions (Part 5) of the Commerce Act. Submissions are due on 10 August 2007
Terms of Reference: Review of Authorisation and Clearance Provisions of the Commerce Act
[ Published 13 September 2006 ]
This terms of reference outlines the scope and the timeframes for the stream relating to the authorisation and clearance provisions.
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