The Commerce Commission has published a statement of preliminary issues relating to an application from Foodstuffs North Island Limited and Foodstuffs South Island Limited seeking clearance to merge.
The statement outlines the key competition issues that the Commission considers important in deciding whether or not to grant clearance to the proposed acquisition. The Commission invites interested parties to provide comments on the likely competitive effects of the proposed acquisition. Submissions can be sent by email to registrar@comcom.govt.nz with the reference “Foodstuffs merger” in the subject line. Any submissions should be received by close of business on 1 February 2024. The Commission is currently scheduled to make a decision on the application by 5 March 2024. However, this date may be extended as the investigation progresses. The Statement of Preliminary Issues and a public version of the application can be found on the Commission’s case register.
Background The Commerce Commission 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 the website. The FGC said in a statement to its members: “We encourage you to read the Commission’s press release here and the issues document here .”
