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8. Submissions Called for


This Document is Archived


Review of the Competition Thresholds in the Commerce Act 1986 and Related Issues: A Discussion Document

Regulatory and Competition Policy Branch
[ Last Updated 7 December 2005 ]


The Ministry is seeking written submissions from interested parties on the proposals outlined in Sections 6 and 7 of this document. The purpose of the submissions will be to inform decisions that the Government may take on the thresholds in sections 36 and 47 of the Commerce Act. The deadline for submissions is 14 May 1999.

Questions for Submitters

The Government is particularly interested to hear views on the following questions:

  1. Is the current threshold for mergers and acquisitions appropriate? Is so why? If not, what threshold should apply and why?
  2. Should applications for mergers and business acquisitions be scrutinized in terms of whether or not the resultant market structure would be conducive to collusion, either explicit or tacit?
  3. Would replacement of the current merger threshold with the Australian threshold (i.e. substantially lessening competition) be of benefit to the New Zealand economy?
  4. Do you have any comments on whether the clearance process for merger applications can, and should, be streamlined?
  5. Is section 36 effective in helping to ensure competition is promoted in markets in New Zealand? If not - why not?
  6. What would be the best strategy to resolve the issues associated with section 36:
    1. amending the definition of "dominance", "use" and "purpose"; or
    2. adopting the Australian threshold;
    3. some other approach?
  7. Do you have any comments on the proposal for amending the price control regime?
  8. Are there any other changes that would make the Commerce Act more effective in promoting competition?

Contact Details

Submissions should arrive no later than 14 May 1999 and should be directed to:

Competition Team
Competition and Enterprise Branch
Ministry of Commerce
PO Box 1473
WELLINGTON

Fax: +64-4-499 1791
Email: gayelene.wright@moc.govt.nz
Delivery address: Level 9, Ministry of Commerce Building, 33 Bowen Street.

Confidential submissions should be clearly marked "Confidential" and should be accompanied by a non-confidential copy with reasons given for any deletions.

The Ministry will maintain a public file of all non-confidential submissions.


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