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Fairfax & NZME face difficult decision whether to appeal Commerce Commission determination (3 May 2017) (New Zealand)

Simpson Grierson

While the Commission's determination to decline clearance and authorisation of the merger is of little surprise, seeing as it reflected the draft determination released last year, the question remains whether Fairfax/NZME will appeal that determination.

Competition partners Anne Callinan and James Craig say the Commission's finding that the merger would substantially lessen competition in relevant markets is unlikely to be the main angle of an appeal.

"While Fairfax/NZME will no doubt be unhappy that the Commission has rejected their confidential submissions as to the likely future for each of their businesses without the merger, this is a factual determination by the Commission, which is typically harder to challenge in an appeal."

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