The Commerce Commission has published a statement of preliminary issues relating to an application from Vodafone New Zealand Limited seeking clearance to acquire 100% of the equity in TelstraClear New Zealand Limited.

The statement of preliminary issues outlines the key competition issues that the Commission currently considers will be important in deciding whether or not to grant clearance.

The Commission's statement of preliminary issues and the public version of Vodafone's application are available on the Commission's website at www.comcom.govt.nz/clearances-register

The Commission invites submission from parties who consider they have information relevant to the Commission's consideration of the matter. Submissions can be sent to registrar@comcom.govt.nz with the reference Vodafone/TelstraClear in the subject line of the email or to PO Box 2351, Wellington 6140 by 4pm 13 August 2012.

Background

Assessing an application for a merger or acquisition

When considering a proposed merger, the Commission must decide whether the competition that is lost in a market when two businesses merge is substantial. We will give clearance to a proposed merger only if we are satisfied that the merger is unlikely to have the effect of substantially lessening competition in a market.

A fact sheet explaining how the Commission assesses a merger application is available at  www.comcom.govt.nz/merger-assessment