A competition lawyer says it'll be very unlikely Foodstuff's appeal will succeed.
The Commerce Commission declined its merger of its North and South Island arms- saying it would lessen grocery competition and hurt suppliers.
Foodstuffs North Islands chief executive, Chris Quin, says the change would actually make it easier for suppliers.
Lawyer Neil Anderson says it's unlikely a case like this will go to court, with even less chance of winning.
"The commercial parties, by the time they've been through a clearance process and then are faced with an appeal process - they'll push it out a further six months, it's quite unusual for a deal to survive that."
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