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

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.