The Commerce Commission has received an application from Vodafone Mobile NZ Limited for clearance to acquire management rights in the current auction of radio frequency spectrum.

The auction rules require that:

? a proposed acquisition be cleared or authorised by the Commission, or

? the bidder provides evidence to the Ministry of Economic Development, which is running the auction, that the proposed acquisition would not breach the Commerce Act.

The Commission's Commerce Act Manager, Geoff Thorn, said that the Act prohibits business acquisitions that result in dominance being acquired or strengthened in any markets.

Parties can apply for a clearance, which the Commission will give if it is satisfied that dominance is not acquired or strengthened. The Act gives the Commission 10 working days in which to make its decision. Working day 10 will be November 29.

Public copies of Vodafone's application are available from the Commission's Wellington office level 7 Landcorp House, 101 Lambton Quay but details of the specific rights Vodafone wishes to acquire are commercially sensitive and the Commission has agreed to treat them as confidential.

Media contact: Commerce Act Manager Geoff Thorn, Phone work (04) 498 0958, cellphone 021 661 104

Communications Officer Vincent Cholewa, Phone work (04) 498 0920