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On 4 March 2025, the Australian Competition and Consumer Commission (ACCC) released transitional guidelines to help businesses navigate the transition to the new mandatory and suspensory merger control regime which comes into force on 1 January 2026.
The Guidelines set out details on key dates and processes for how the ACCC will manage merger clearance reviews during the transition period. The ACCC is encouraging businesses to voluntarily notify transactions under the new regime from 1 July 2025 to avoid the potential need for re-notification if the ACCC is unable to complete its review in time.

The Australian Parliament passed the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 without any amendments on 28 November 2024, marking a new chapter for merger control in Australia.
The merger laws are slated to come into effect on 1 January 2026 and will constitute a significant departure from the existing voluntary regime. Companies will need to take account of these changes for their acquisition strategies (including planning and execution) for both local and multi-jurisdictional deals over the next 12 months.

Proposed changes to Australia’s merger control regime were introduced to Parliament last month following extensive public consultation.
As a key element of the reforms, the new legislation will enable the ACCC to request that the Treasurer designate certain sectors of the economy where all mergers, acquisitions or other transactions would require approval from the ACCC, regardless of transaction size.
Comments made by the ACCC and the Treasury over the course of the reform consultation process indicate that the ACCC will use its increased powers under the new regime to examine transactions in the pathology and oncology-radiology sectors.

Proposed changes to Australia’s merger control regime were introduced to Parliament last month following extensive public consultation.
As a key element of the reforms, the new legislation will enable the ACCC to request that the Treasurer designate certain sectors of the economy where all mergers, acquisitions or other transactions would require approval from the ACCC, regardless of transaction size.
Comments made by the ACCC and the Treasury over the course of the reform consultation process indicate that the ACCC will use its increased powers under the new regime to examine transactions in the pathology and oncology-radiology sectors.