Merger control plays a key role not only in the competition regulation ecosystem, but also the M&A and An effective merger control regime needs to walk the line between allowing non-harmful mergers to proceed, while at the same time ensuring that harmful mergers do not (or proceed only with appropriate measures to address competition concerns). In walking this line, it is not just the end result that matters – the process for getting there is equally important.
Effectiveness, efficiency, transparency and predictability are fundamental attributes of a sound merger control regime, and these objectives should be pursued at all stages of the merger review process.
This paper examines New Zealand’s merger control processes and assesses them against the above criteria. The paper finds that, while there are aspects of New Zealand’s merger control processes that are working well, there are opportunities for improvement. In particular, the processes for assessing complex mergers (those that proceed past a Statement of Issues) and granting access to confidential information could be made more streamlined and predictable, respectively.
This paper was presented at the 2025 Competition Law & Policy Institute of New Zealand annual workshop.
