25 November 2005
Telecom withdraws radio spectrum application
Telecom New Zealand Limited has withdrawn its s66 clearance application to acquire the radio spectrum management rights,
known as MED radio frequency auction No 5 lot 01 WLL 06, from Counties Power Limited.
Telecom proceeded with the acquisition without a clearance, and the Commerce Commission is now investigating whether
this acquisition is in breach of section 47 of the Commerce Act.
Under section 47 of the Commerce Act a person must not acquire assets of a business or shares if the acquisition would
have, or would be likely to have, the effect of substantially lessening competition in a market.
The clearance regime is a voluntary regime. Under section 66, the Commission may grant clearances for acquisitions where
it is satisfied that the proposed acquisition would not have, or would not be likely to have, the effect of
substantially lessening competition in a market.