Spark welcomes Court decision to stay any Sky/Voda merger

Spark New Zealand Limited
ARBN 050 611 277 Spark City, 167 Victoria Street West, Private Bag 92028, Auckland, New Zealand



MEDIA RELEASE
22 February 2017

Spark New Zealand welcomes Court decision to stay
any Sky/Vodafone merger clearance

Spark New Zealand (“Spark”) said today it welcomes a High Court decision to
order a short-term stay in the event the New Zealand Commerce Commission
(“Commission”) gives its clearance tomorrow morning to the proposed merger
between Sky Network Television (“Sky”) and Vodafone NZ (“Vodafone”).
Following applications by Spark, 2 Degrees and Internet NZ, the Court has ruled
that Sky and Vodafone are prohibited from completing the merger in reliance on
any clearance by the Commission until midnight on the third day after the
Commission has delivered the reasons for its decision to the applicants. A Court
hearing on the matter was held earlier today.
“We and others believe the proposed merger will be bad for consumers –
resulting in poorer choice and higher prices for consumers, especially when it
comes to sports content. That was at the heart of our decision to take this Court
action,” said Spark’s General Manager Regulatory Affairs, John Wesley-Smith.
“The stay is important for natural justice and fairness: as it will ensure all
interested parties have a chance to properly consider the Commission’s
reasoning and make informed decisions on whether to seek a judicial review if
there is a clearance decision.
“Without this stay, there was a risk that Sky and Vodafone would immediately
take steps to implement the merger and make it a fait accompli – which would
render any future legal review a meaningless exercise.”
“We are grateful for the Court and Justice Lang for agreeing to an urgent hearing
of the application and issuing a written judgment in an extremely short timeframe.
“We now await the Commission’s decision tomorrow morning (Thursday 23
February) on whether to clear the proposed merger.”

Spark New Zealand Limited
ARBN 050 611 277 Spark City, 167 Victoria Street West, Private Bag 92028, Auckland, New Zealand



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