Statement Of Preliminary Issues Released For Woolworths’ Proposed Acquisition Of Beak & Johnston

The Commerce Commission has published a statement of preliminary issues relating to an application from Woolworths Group Limited (Woolworths) seeking clearance to acquire 100% of the shares in Beak & Johnston Holdings Pty Ltd (Beak & Johnston).

The statement outlines the key competition issues that the Commission considers important in deciding whether or not to grant clearance to the proposed acquisition.

The Commission invites interested parties to provide comments on the likely competitive effects of the proposed acquisition. Submissions can be sent by email to registrar@comcom.govt.nz with the reference “Woolworths/Beak & Johnston” in the subject line. Any submissions should be received by close of business on 24 February 2025.

The Commission is currently scheduled to make a decision on the application by 12 March 2025. However, this date may be extended with the agreement of the applicant if the material before the Commission at that time does not allow it to be satisfied that the proposed acquisition will not have, or would not be likely to have, the effect of substantially lessening competition in a market in New Zealand.

The Statement of Preliminary Issues and a public version of the application can be found on the Commission’s case register.

Background
We will only give clearance to a proposed merger if we are satisfied that the merger is unlikely to have the effect of substantially lessening competition in a market.

Further information explaining how the Commission assesses a merger application is available on our website.

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