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Grocery co-operative Foodstuffs is appealing the Commerce Commission's decision to decline its application for clearance to takeover The Warehouse.
In doing so it is following the lead of Australian retailer Woolworths, Foodstuffs' rival in the hunt for The Warehouse, which also had a takeover application turned down by the commission.
Foodstuffs said today it had lodged an appeal in the High Court.
Managing director Tony Carter said an appeal was consistent with the co-operative's position of wanting to keep all options open.
The timing of the decision to appeal was based on legal advice, he said.
Woolworths is due to appear in the High Court in late October to appeal the ruling by the commission, which the regulator said was a result of competition concerns.
A deal could for The Warehouse could be worth up to $2.5 billion.
The Commerce Commission is yet to release the reasons for its decision.
- NZPA