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Alderson Logistics and associated company Supa Shavings have been ordered to pay a $420,000 penalty by the High Court for acquisitions that substantially lessened competition in a market. Commission chair John Small said the decision serves as a warning that acquisitions of this nature are illegal in New Zealand.
In May 2022, Alderson Logistics and Supa Shavings (2022) acquired the assets of close competitors ABS Carriers and Supa Shavings which supplied wood shaving used for bedding to chicken and goat farmers in the Waikato region. The deal eliminated any competition between them.
Justice Dani Gardiner said the two companies accepted they gained commercially from the deal for around a year until a shavings supply shock in June 2023 affected profitability. The Commission unsuccessfully asked the businesses to divest the acquired assets, the first time it has tried to use those powers, but a potential sale by Alderson fell through.
The Court of Appeal has dismissed an appeal by Malaysian management consultancy company PBL Solutions over a High Court judgement relating to profits from AFT Pharmaceutical’s use of its topical skin medicine Pascomer as a treatment for port wine stains (PWS).
The Court found AFT wasn’t required to share with PBL Solutions any profit it may earn from Pascomer’s application for the treatment of non-orphan conditions such as PWS, which is a persistent skin discolouration caused by a vascular anomaly estimated to affect three in every 1000 births per year.
However, the listed pharma will continue to share with PBT 35% of any profits earned for orphan drug applications (ones developed to treat medical conditions that are rare). PBL is a company associated with a former contractor to AFT and is a 35% shareholder in AFT Orphan Pharmaceuticals, a company AFT created to pursue orphan applications.
AFT said it doesn’t expect the judgement to have a material effect on its FY2026 earnings.
Dairy giant Fonterra has confirmed the $4.22 billion sale of its Mainland consumer brands business is now unconditional.
In a statement to the NZX Fonterra said the sale to French multinational Lactalis was expected to complete by the end of March.
The shareholder record date for a capital return of $3.2b representing $2 a share, paid from the sale proceeds, will be April 9 with payment on April 14.