Statement Of Unresolved Issues Released For Can Plan/Nelmac Clearance Application

The Commerce Commission has released a Statement of Unresolved Issues relating to an application from Can Plan Nelson Limited (Can Plan) seeking clearance to acquire certain assets of Nelmac Limited’s (Nelmac/s) waste collection business, which trades as Betta Bins.

The assets include two Side Loader trucks, one Rear Loader truck, pre-paid wheelie bins, large bins and “pay-as-you go” rubbish bags currently in circulation. The proposed transaction does not involve Betta Bins’ recycling business.

The Statement of Unresolved Issues outlines the Commission’s potential competition issues with the acquisition following its initial investigation. A Statement of Unresolved Issues is not a final decision and does not mean that the Commission intends to decline or clear the acquisition.

The Commission is seeking submissions from Can Plan and Nelmac and other interested parties on the issues raised in the Statement of Unresolved Issues.

The Statement of Unresolved Issues can be found on the Commission’s case register. Submissions can be sent by email to

registrar@comcom.govt.nz

with the reference “Can Plan/Nelmac” in the subject line.

Submissions are due no later than close of business on 22 June 2021, with cross-submissions due no later than close of business 29 June 2021.

The Commission is currently scheduled to make a decision on the application by 30 July 2021. However, this date may be extended.

Background

The Commission will 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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