25 November 2020
Mr Interested
By email only:
[FYI request #14064 email]
Dear Mr Interested
Official Information Act #20.096 – NEP/Sky Merger
1.
We refer to your Official Information Act (
OIA) request received on 30 October 2020
for the counterfactual information redacted from the September 2020 NEP
Broadcast Services New Zealand Limited (
NEP) clearance application, published on
the Commerce Commission’s (
Commission) website.1 We note you specifically
requested paragraphs [13] and [14], including [14.1] and [14.2]. We also considered
paragraphs [79]-[82] of the Application which also discuss the counterfactual.
Our response
2.
We have decided to decline your request under section 9(2)(b)(ii) of the OIA, on the
basis that the provision of the redacted material would unreasonably prejudice the
commercial position of the person who supplied or who is the subject of the
information.
3.
We consider that good reasons exist for withholding information and this is not
outweighed by other considerations which would make it desirable, in the public
interest, to make the information available (section 9(1) of the OIA).
4.
If you are not satisfied with the Commission's response to your OIA request, section
28(3) of the OIA provides you with the right to ask an Ombudsman to investigate and
review this response. However, we would welcome the opportunity to discuss any
Released Under Official Information Act 1982
concerns with you first.
5.
Please note the Commission will not be publishing this response to your request on
its website.
1
https://comcom.govt.nz/__data/assets/pdf_file/0025/225844/NEP-Broadcast-Services-New-Zealand-
Limited-and-Sky-Network-Television-Limited-Clearance-application-25-September-2020.pdf
3952424.2
2
6.
Please do not hesitate to contact us at
[Commerce Commission request email] if you have any
questions about this request.
Yours sincerely
Mary Sheppard
OIA Coordinator
Released Under Official Information Act 1982
3952424.2