Behavioural vs structural undertakings: what's the difference – and what conditions can the ComCom impose on a merger?
PUS: Are voluntary undertakings enforceable? The ComCom responds to clarify what conditions it can, or can't, impose on a merger like Fairfax-NZME or Sky TV-Vodafone. With special feature audio.
Wed, 24 Aug 2016
Debate over the proposed Sky TV-Vodafone and Fairfax-NZME mergers seen some confusion over what conditions the Commerce Commission can place on a merger.
Competition lawyer Andrew Matthews, of Matthews Law, points out that under section 69A of the Commerce Act, the regulator can only apply a
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