Court of Appeal Wellington
4, 5, 6, 7, 8 May; 23 June 1992
Cooke P, Richardson, Casey, Hardie Boys and McKay JJ
4, 5, 6, 7, 8 May; 23 June 1992
Cooke P, Richardson, Casey, Hardie Boys and McKay JJ
Commercial law — Commerce Act — Determination of Commerce Commission declining clearance or authorisation of proposed acquisition — Determination confirmed by High Court — Whether Telecom had a "dominant position" in the mobile telephone marketplace — Whether any existing dominant position would be strengthened by the acquisition — Whether Telecom in a position to exercise a "dominant influence" - Whether "likely benefits to the public would outweigh the likely detriments to the public" - Observations as to purpose of Act — Commerce Act 1986, ss 3, 3A and 66.
Practice and procedure — Appeals to Court of Appeal — Commerce Act — Observations as to nature of right of appeal — Commerce Act 1986, s 97(2).
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