If a business thinks that its proposed merger with a competitor might substantially lessen competition in a market, it should seek the Commission's approval for the merger to proceed before it happens. If it does not, the business risks the Commission, or others, taking enforcement action which can result in significant penalties or a Court reversing the merger.
Do I need to apply for a clearance?
The Commission administers a voluntary merger clearance regime and encourages businesses that are contemplating a merger to seek legal advice, and to discuss their plans with us before they merge. While we cannot give ‘informal’ clearance, we can provide guidance on potential areas of concern.
If you would like to discuss a potential application, please contact our Mergers Manager at mergers@comcom.govt.nz
How do I apply for a clearance?
Businesses that wish to apply for a merger clearance must complete our application form, including the declaration and confidentiality waivers (if applicable), and send it to registrar@comcom.govt.nz, as well as paying the fee of $3,680 (GST incl).
We publish completed applications on our website, as well as issuing a media release to alert interested parties to the application.
Our fact sheets Mergers and Acquisitions – Applying for a clearance, and Mergers and Acquisitions – Merger assessment provide more information on the application and assessment process.
Our Advisory Note provides guidance to businesses and advisors on the use of quantitative analysis to assess mergers.
