The Commerce Commission has published a statement of preliminary issues relating to an application received from PMP Print Limited on 5 November 2010 seeking clearance to acquire the Manukau heatset printing business of APN Print NZ Limited.   The application submits that this business is a failing firm which adds an additional factor to the standard method of analysis of clearance applications by the Commission.

In October 2009 the Commission released guidance on the methodology it would use to assess acquisitions where a 'failing firm' argument is put forward.   This is the first application for clearance which will be assessed using the Commission's guidelines

The statement of preliminary issues outlines the key competition issues 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 the application can be accessed via the Commission's website under www.comcom.govt.nz/clearances-register/

The Commission invites submissions from parties who consider that they have information relevant to the Commission's consideration of this matter.   Submissions can be sent to registrar@comcom.govt.nz with the reference PMP/APN in the subject line of your email or to PO Box 2351, Wellington 6140 by Monday 22 November 2010.

Background

PMP Print is a wholly-owned subsidiary of PMP Limited, an Australasian commercial printing group.   In New Zealand, PMP Print produces a range of printed products including catalogues, magazines, books, directories and newspapers.

PMP operates heatset printing presses in both the North Island (Auckland and Warkworth) and South Island (Christchurch).

APN Print is a wholly-owned subsidiary of APN News & Media Limited.   It also produces a range of printed products. APN operates heatset printing presses in the North Island only (Auckland and Tauranga).

The Commission's guidelines on failing firms can be on the Commission's website at www.comcom.govt.nz/competition-resources under Mergers and Acquisitions Guidelines