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Goodman Fielder Ltd v Commerce Commission - [1987] 2 NZLR 10


Court of Appeal Wellington
10, 11, 14 August 1987
Cooke P, Richardson, Somers, Casey and Bisson JJ
Commercial law — Commerce Act — Appeal from determination of Commerce Commission declining clearance or authorisation of proposed merger — Subsequent to determination of Commission and before hearing of appeal by High Court the applicants made certain divestment proposals and filed sealed undertakings in the Court — Whether, if Commission cannot give clearance of authorisation in reliance partly on undertakings, the High Court on appeal may do so by invoking its inherent jurisdiction — Whether Commission may take into account, in making determination, divestment proposals not intended to be carried into effect until after clearance of authorisation — Commerce Act 1986, s 66.
Practice and procedure — Appeals to High Court — Determination by Commerce Commission proposed merger — Appeal to High Court against determination — Whether High Court may adjourn appeal and refer case back to Commission for report — Commerce Act 1986, s 94.

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