29 Jun 2006
COMMERCE COMMISSION V NEW ZEALAND BUS LIMITED HC WN CIV 2006-485-585
- Citation
- openlaw-655fdbd5_1209_4139_a444_101e6983a21e.pdf
- Court
- High Court
The Court held the acquisition was likely to substantially lessen competition in the Wellington regional market because the factual (acquisition by NZ Bus) would eliminate likely vigorous entry by a third-party purchaser of Mana, creating a merged firm with ~97% of subsidised contracts by value and preserving incumbent advantages (local assets, information, tactical commercial registrations) that, within the relevant LET time horizon, make effective entry unlikely; accordingly the acquisition contravened s47. Vendors Kerry and Ian Waddell knowingly participated in the waiver of the clearance…