The authorisation guidelines explain how the Commission assesses applications for authorisation of mergers and restrictive trade practice agreements under sections 58 and 67 of the Commerce Act. The draft guidelines include changes that reflect developments in our approach and the guidance we have received from the courts since 2013.  This includes developments in how we assess benefits and detriments.

The application forms, which were last reviewed in 2010, set out the information that applicants should provide when applying for authorisation.

We are seeking submissions from interested parties on both the draft guidelines and the two draft application forms.

Copies of the draft guidelines and application forms can be found on our website.

In addition to submissions from interested parties on the draft guidelines and application forms, we are also able to meet with interested parties to discuss these drafts. If you would like to make a submission, or to arrange a time to meet with Commission staff to discuss these drafts, please email mergers@comcom.govt.nz with the subject line: “Authorisation Guidance” before 5pm on 6 September 2019.