Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search


Re Progressive Enterprises Ltd Decision

19 September 2001 Media Statement

Court Of Appeal Decision Re Progressive Enterprises Limited

"This morning the Court of Appeal overturned the previous decision of the High Court about the proposed acquisition of Woolworths NZ by Progressive Enterprises Ltd" Hon Paul Swain, Minister of Commerce, said today.

Progressive's application for a clearance by the Commerce Commission to buy Woolworths was made before amendments to section 47 of the Commerce Act came into force earlier this year. The Commission considered this application under the old test where business acquisitions had to pass a market dominance test. However, clearance was granted after the new test had become law. The new test is whether the acquisition will substantially lessen competition.

The High Court found that the Commission was correct in applying the old market dominance test under section 47 of the Commerce Act when it assessed the application for clearance from Progressive to acquire Woolworths. However the Court of Appeal has today overturned that decision.

"This decision has implications for a number of businesses, implications which the government is now carefully considering" Mr Swain said.

Mr Swain said that he understood that the Commission may be seeking further direction from the Court as to the effect of this decision on the clearances that have already been granted.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Wellington: Predator Free Capital Plan

Wellington City Council (WCC), the Greater Wellington Regional Council (GWRC) and NEXT Foundation, today announced a joint collaboration to make Wellington the first Predator Free capital city in the world. More>>


Gordon Campbell: On Judith Collins’ Efforts At Self Correction

Thousands of prisoners currently in prison may be entitled to an earlier release than expected – and compensation – because Corrections has incorrectly calculated their term of imprisonment. Unless of course, the government buries its mistakes by changing the law and retro-actively getting itself off the hook… More>>


More Justice & Corrections

Sector Opposes Bill: Local Government Bill Timeframe Extended

The Minister of Local Government Peseta Sam Lotu-Iiga has asked the Select Committee to extend the report back date for the Local Government Act 2002 Amendment Bill (No 2). More>>


Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>


Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>


General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news