DLA Phillips Fox assists Foodstuffs Co-operatives with successful merger appeal

DLA Phillips Fox secured a win for New Zealand's largest supermarket retailer yesterday when the New Zealand High Court overturned the Commerce Commission's ruling against Foodstuffs' and Woolworths' applications for merger clearance to acquire up to 100% of listed retailer The Warehouse Group Limited.

The head of Auckland’s Corporate and Financial Services team and Foodstuffs relationship manager, partner Martin Wiseman, said the win was the result of an enormous combined effort and he congratulated the ‘Foodstuffs' team’ of Bruce Gray QC, partner Iain Thain, senior associate Mark Williamson and lawyers Julie Harper and Oliver Turton.  James Mellsop, economist with CRA International was called by Foodstuffs to provide independent expert evidence.  

Speaking after the ruling yesterday, Managing Director of Foodstuffs (NZ) Limited, Tony Carter, said that he was pleased with the decision and that two iconic Kiwi companies like The Warehouse and Foodstuffs joining forces in some sort of combination could only benefit all New Zealanders. 

For further information, please contact:

Martin Wiseman, Partner
Tel +64 9 300 3825/+64 27 588 883
martin.wiseman@dlaphillipsfox.com