ACCC Says New Merger Control Regime Off to Positive Start

SYDNEY, April 9, 2026 — Australia’s new mandatory merger control regime is operating as expected in its first months, with most deals being reviewed within targeted timelines, according to the Australian Competition and Consumer Commission.

Between 1 January and 31 March 2026, the ACCC received 50 merger notifications and 108 applications for notification waivers under the new framework. The figures do not include 13 voluntary notifications submitted during the transition period between July and December 2025.

Under the regime, companies must notify the regulator of acquisitions that meet specified thresholds and cannot complete the transaction until they receive approval.

Of the notifications received so far, the ACCC approved 39 transactions in Phase 1, while two deals were referred to Phase 2 for a more detailed investigation. Those cases involve Ampol’s proposed acquisition of EG Group’s Australian operations and Coles’s acquisition of a supermarket and liquor site in Kalgoorlie.

The ACCC reported that Phase 1 approvals were completed in an average of 18 business days, while decisions on waiver requests—used for acquisitions that clearly raise no significant competition concerns—were made in 11 business days on average. The authority granted 70 waivers and rejected six, meaning those transactions must undergo full notification if they meet the thresholds.

According to the regulator, 91% of acquisitions were decided within 20 business days, exceeding its initial commitment to decide about 80% of cases within that timeframe.

Gina Cass-Gottlieb said the early results indicate the system is functioning as intended and providing the regulator with better visibility of consolidation trends across sectors.

The ACCC publishes all notifications, waiver decisions and review timelines on its acquisitions register as part of the regime’s enhanced transparency requirements.

Phase 1 merger reviews under the legislation must be completed within 15 to 30 business days, unless extensions are granted. If competition concerns arise, the regulator can open a Phase 2 investigation, which may last up to 90 business days.

Source: https://www.accc.gov.au/media-release/new-merger-control-regime-off-to-positive-start

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