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Thursday, December 3

Draft divestment guidelines released for consulation

The Commerce Commission has today released draft guidelines on how divestment undertakings as part of a merger or acquisition application will be treated.

“These guidelines will improve the effectiveness and efficiency of the clearance process by assisting businesses and their legal advisers to understand the Commission’s approach when assessing divestment undertakings in relation to a merger or acquisition application,” said Dr Mark Berry, Commerce Commission Chair. “The guidelines also outline what information the Commission requires when considering a divestment undertaking. Provision of the right information as part of an application will help the Commission make a timely decision.”

The Commission is seeking feedback from interested parties on the draft guidelines. After considering feedback received, the Commission will publish finalised guidelines.

The draft guidelines can be viewed on the Commission’s website under Business Competition/Publications

Submissions can be made in writing to:
Divestment guidelines feedback
Commerce Commission, PO Box 2351 , Wellington , 6140
or by email to by 5 pm, Friday 12 February 2010.