KEY POINTS:
The decision to let Woolworths or Foodstuffs buy majority shares in retail giant The Warehouse needed to be fully tested in the courts, the Commerce Commission said at the High Court in Wellington yesterday.
The commission was seeking leave to appeal against an earlier High Court decision overruling the competition watchdog's prohibition on either supermarket chain buying majority shares or assets of The Warehouse Group.
Stephen Kos, appearing for the commission, told Justice Jill Mallon it had a public duty to participate fully in appeals relating to competition.
"Unless they [Foodstuffs and Woolworths] can show the commission is doomed to fail, an appeal should be heard," Mr Kos said.
Should leave be given to appeal the decision the commission pushed for an April hearing, to give it time to prepare its case. Warehouse shares dropped 3c to $5.70.
Justice Mallon reserved her decision.
- NZPA
