Otago Daily Times

Media appeal in October

- By PAUL McBETH

AUCKLAND: Dominant New Zealand news publishers NZME and Fairfax New Zealand will have their 10 days in court in October as they seek to overturn the Commerce Commission’s rejection of a planned merger they say is needed to create a sustainabl­e domestic media group.

NZME director Peter Cullinane, filling in for chairman John Anderson, told shareholde­rs at the annual meeting in Auckland last week a 10day hearing had been set down for October 16 in the High Court to appeal the regulator’s decision last month.

Fairfax and NZME filed their appeal on May 26, claiming the regulator was wrong in fact and in law in rejecting their planned merger. The commission turned down the merger on the grounds the estimated financial benefit from creating a larger, merged entity to combat global competitor­s for advertisin­g revenue, such as Google and Facebook, was not enough to outweigh the disadvanta­ges of reduced media ‘‘plurality’’, meaning the range of voices and views in New Zealand news reporting.

Russell McVeagh has retained David Goddard QC to represent the media companies, having successful­ly argued against opposition to the Commerce Commission’s authorisat­ion of a national wool scouring monopoly. That decision became part of the backbone of the commission’s decision to decline the NZME/Fairfax proposal.

NZME chief executive Michael Boggs told shareholde­rs last week the two companies were sharing the cost of the appeal, which he said was ‘‘in the best interests of NZME and its shareholde­rs’’ when weighed up against the potential benefits from the merger, which were estimated to be between $36.8 million and $55.7 million a year.

‘‘We believe the transactio­n would be positive for New Zealand, our employees and shareholde­rs by enhancing the competitiv­eness of locally produced content for our news, sport and entertainm­ent markets,’’ Boggs said in speech notes published on the NZX.

Cullinane said if the merger went ahead it would expand the number of directors on the group’s board. However, NZME’s board had started looking for directors to boost its skillset in ‘‘governance, digital and technology’’.

The company did not provide a trading update at the meeting. — BusinessDe­sk

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