Woolworths Limited v The Commerce Commission and others - SC 51/2008

Civil Appeal – section 66 Commerce Act 1986 – acquisitions that will have or are likely to have the effect of substantially lessening competition – whether Court of Appeal erred in its approach to giving clearance under s 66 – whether clearance can be declined on the grounds that it is uncertain whether the acquisition will cause a substantial lessening of competition – whether the approach to be adopted by the Court in s 66 cases is different to the balance of probabilities approach used in ordinary civil cases – whether the Court of Appeal was correct to take an approach to the term ‘likely’ which extended to scenarios that were merely possible or speculative – whether ‘substantial’ effects on competition include effects that are merely nominal or ephemeral – if Court of Appeal test was correct, whether Court of Appeal should have referred case back to High Court to apply correct test – whether Court of Appeal had proper regard to all the evidence when applying s 66.[2008] NZCA 276    CA 55/2008  1 August  2008