The Commerce Commission has published a Statement of Issues relating to the clearance application for Sika AG to acquire the MBCC Group (the Proposed Acquisition) as part of a global transaction. As part of its application for clearance, Sika has now offered an undertaking to divest MBCC’s New Zealand business.
The Statement of Issues outlines the Commission’s potential competition issues with the Proposed Acquisition following its initial investigation. A Statement of Issues is not a final decision and does not mean that the Commission intends to decline or clear the merger.
The Commission is seeking submissions from Sika and MBCC and other interested parties on the issues raised in the Statement of Issues. It is also seeking submissions on whether the proposed divestment of MBCC’s New Zealand business is likely to remedy the potential competition issues identified by the Commission.
The Statement of Issues can be found on the case register.
Submissions can be sent by email to registrar@comcom.govt.nz with the reference “Sika/MBCC” in the subject line.
Submissions are due no later than close of business on 13 July 2022.
The Commission is currently scheduled to make a decision on the application by 4 August 2022. However, this date may be extended.
Background
We will give clearance to a proposed merger if we are satisfied that the merger is unlikely to have the effect of substantially lessening competition in a market. In giving clearance, the Commission may accept a written undertaking from the Applicant to dispose of assets or shares.
Further information explaining how the Commission assesses a merger application is available on our website.
