A competition lawyer says it'll be very rare - for Foodstuff's appeal to 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 - and even less likely it'll win.

He says it's quite unusual for commercial parties to survive the delays of the appeals process.