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Statement of Preliminary Issues for Tennex/San-i-pak

21 September 2018
Release No. 42

Statement of Preliminary Issues released for Tennex/San-i-pak

The Commerce Commission has published a statement of preliminary issues relating to the proposed acquisition of the medical and quarantine waste collection and treatment assets of San-i-pak Limited (San-i-pak) by Tennex Capital Limited (Tennex).

The statement outlines the main issues the Commission considers important in deciding whether or not to grant authorisation for the proposed acquisition.

The Commission invites interested parties to provide comments. Submissions can be sent by email with the reference Tennex/San-i-pak in the subject line. Any submissions should be received by close of business on Friday 12 October 2018.

The Commission is currently scheduled to make a decision on the application by 11 December 2018. However, this date may be extended as the investigation progresses.

The statement of preliminary issues and public version of the application can be found on the Commission’s case register.


The Commission has previously considered a proposed acquisition of San-i-pak by Tennex in a clearance application under section 66 of the Commerce Act 1986. On 29 February 2016, the Commission declinedto give clearance to the acquisition, as it was not satisfied that the proposed acquisition would not be likely to substantially lessen competition. Tennex now seeks authorisation to acquire the medical and quarantine waste collection and treatment assets of San-i-pak.

We will grant authorisation if we consider that the proposed acquisition would be likely to substantially lessen competition, but we are satisfied that the acquisition will result, or will be likely to result, in such a benefit to the public that it should be permitted.

More information explaining how the Commission assesses a merger application and the differences between clearance and authorisation applications is available on our website.


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