The Commerce Commission has received an application under its streamlined authorisation process from the Refrigerant License Trust Board (RLTB). The RLTB is a charitable trust which has the purpose of promoting, educating, and training people in the safe handling of refrigerants.      

 

The RLTB seeks authorisation for wholesalers of refrigerants to enter into an agreement that would result in the wholesalers selling refrigerants to only those customers trained to safely handle them.

 

The Commission may grant authorisation for certain practices that may otherwise breach the restrictive trade practice provisions of the Commerce Act 1986 if it is satisfied that the public benefits of the practice outweigh the detriments arising from the loss of   competition.  

 

The Commission must first determine whether the practice would result, would be likely to result, or is deemed to result, in a lessening of competition in the relevant markets.

 

Parties who consider that they have an interest in the application should notify the Commission of their interest via email registrar@comcom.govt.nz by 14 July 2011.      

 

A public version of the application will be available shortly on the Commission's website: www.comcom.govt.nz/authorisations-register

 

 

Background

Streamlined Authorisation Process

In June 2009, the Commission introduced a streamlined process for the consideration of straightforward authorisation applications. The streamlined process enables the Commission to make decisions on straightforward applications as quickly as possible. In order for an application to be considered under the streamlined process, it must be relatively straightforward and have obvious public benefits.

 

This application is the first made under the streamlined authorisation process in terms of a possible restrictive trade practice. Under this new process, the Commission aims to issue a final determination on an application within 40 working days.