New Zealand competition regulator The Commerce Commission has reached a preliminary view that it should grant authorisation to the current and future members of the Infant Nutrition Council Limited (INC) to restrict their advertising and marketing of formula products for infants aged up to 12 months old.
In assessing the INC’s most recent application (the third since 2015), the Commission said it has not identified any changes in the infant formula industry or in the actions of the members of the INC “that will substantially impact its previous assessments of these restrictions”.
“While the restrictions would likely lessen competition by limiting information available to consumers about formula products for infants aged up to 12 months old, we consider the continued authorisation of the restrictions assists with achieving important public health outcomes for parents and infants, which are supported by public health bodies and industry bodies in New Zealand,” said Associate Commissioner Sue Begg.
“For these reasons, the Commission’s draft decision is that it should grant authorisation again to the INC as any reduction in competition from the restrictions is likely to be outweighed by the public benefits,” Begg said.
The Commission says interested parties are welcome to make submissions on the draft decision.
Submissions are due by 5pm on 25 October 2023 and can be sent to the registrar,with the reference ‘Infant Nutrition Council’ in the subject line.
Read the draft determination.
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