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Power New Zealand Ltd v Mercury Energy Ltd and Commerce Commission - [1997] 2 NZLR 669

$30.00

Court of Appeal Wellington
10, 11, 12 February; 3 March 1997
Richardson P, Gault, McKay, Henry and Blanchard JJ
Commercial law — Commerce Act — Commerce Commission decision to grant clearance under s 66 of the Act — Whether acquisition strengthened dominant position in the marketplace or created dominant position in new market — Whether purchaser required to seek a s 66 clearance or a s 67 authorisation — Whether bare transfer of market dominance excluded by s 48 — Whether compliance with s 47 must be achieved before a s 66 clearance can be granted — Commerce Act 1986, ss 47, 48, 66 and 67.
Commercial law — Commerce Act — Market definition — True assessment of the effect of the acquisition on competition — Identification of the appropriate market or markets — Matters to be taken into account.
Statutes — Interpretation — Commerce Act — Meaning of the words "will not result" in s 66 — Meaning of the words "likely to result" in s 47 — Commerce Act 1986, ss 47 and 66.

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