A letter of issues is sent if, following initial investigations, the Commission has concerns about potential competition issues that may arise from the proposed merger. A letter of issues is not a final decision and does not mean that the Commission intends to decline or clear a merger.

A copy of the letter has been published on the Commission’s case register. Interested parties may make submissions on the issues outlined in the letter if they wish to.

Submissions are due no later than Wednesday 27 March 2019, with any cross-submissions due no later than Wednesday 3 April 2019. Submissions can be sent by email to registrar@comcom.govt.nz with the reference Knauf/USG in the subject line. Parties should provide a public version of their submission at the same time for publication on the Commission’s case register.

The Commission is currently scheduled to make a decision on the application by 26 April 2019. However, this date may be extended as the investigation progresses.

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.

Further information explaining how the Commission assesses a merger application is available on our website.