Beijer Ref AB; Heatcraft New Zealand Limited; and Kirby NZ Limited

In July 2020, the Commission opened an investigation under sections 47 and 27 of the Commerce Act 1986 into Beijer Ref AB’s 2018 acquisition of Heatcraft New Zealand Limited, and its 2019 acquisition of a grandparented right to import hydrofluorocarbons (HFCs) into New Zealand. Beijer completed both transactions without seeking clearance or authorisation from the Commission. The Commission has concluded that there is insufficient evidence at this time to establish that one or both transactions has substantially lessened competition and that further significant investigation would be required to reach a concluded view. Accordingly, the Commission has decided to close its investigation.