27 March 2025
The Australian Competition and Consumer Commission (ACCC) has released draft guidance outlining the processes it will use to assess acquisitions under Australia’s new merger regime. The regulator is now inviting feedback on the proposed guidelines as part of a public consultation process.
The draft merger process guidelines, along with a simplified quick guide for businesses and stakeholders less familiar with ACCC merger assessments, aim to provide clarity on the upcoming regulatory changes.
“The changes to the merger regime mean that all acquisitions meeting certain thresholds must be notified to the ACCC for assessment from 1 January 2026. This is a major change for businesses and for the ACCC,” said ACCC Chair Gina Cass-Gottlieb. “We are committed to ensuring stakeholders are well informed about the new process and its requirements, as well as providing transparency in how we will assess mergers under the new regime.”
This announcement follows the ACCC’s recent release of guidance on transitional arrangements and draft merger assessment guidelines. Ms. Cass-Gottlieb emphasized the importance of early consultation, stating, “We committed to having these guidelines available for consultation before the end of March so stakeholders, including businesses and their advisers, have time to consider the ACCC’s approach and provide feedback.”
A Faster, More Predictable Process
Under the new merger control regime, businesses will be able to voluntarily notify the ACCC of acquisitions starting from 1 July 2025, ahead of the mandatory implementation in January 2026. The ACCC expects to approve approximately 80% of acquisitions within 15 to 20 business days, offering a quicker and more predictable clearance process.
“Acquisitions that do not pose significant competition risks will be approved early in Phase 1 or may be granted a waiver, removing their obligation to notify,” Ms. Cass-Gottlieb explained. “However, contentious mergers will be closely scrutinized and subject to in-depth assessments to prevent anti-competitive mergers from harming consumers and competition.”
Call for Public Feedback
The ACCC is seeking input from businesses, advisers, consumers, and other interested parties. The draft merger process guidelines and quick guide are available for download on the ACCC’s consultation hub. The consultation period will run from 27 March to 28 April 2025.
The regulator expects the guidance to be refined over time based on feedback and as legislative instruments are finalized. The voluntary notification period from July to December 2025 will allow the ACCC to assess whether further adjustments are needed before the new regime comes into full effect.
Background on the New Merger Regime
The Australian Parliament passed the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 on 10 December 2024, transitioning Australia from a voluntary to a mandatory merger notification system. Under the new framework, all acquisitions meeting prescribed thresholds must be notified to the ACCC.
As part of its commitment to a smooth transition, the ACCC issued a Statement of Goals in October 2024, outlining its approach to implementing the regime. The ACCC has also published transition guidance to help businesses navigate the shift.
Businesses considering mergers during this period are encouraged to contact the ACCC at mergers@accc.gov.au. Interested parties can subscribe for further merger reform updates on the ACCC’s website.
Source: https://www.accc.gov.au/media-release/new-merger-process-guidance-released-for-consultation
