Australia is transitioning from its current informal and voluntary merger clearance regime to a mandatory and suspensory administrative merger regime (Mandatory Notification Regime).

Any acquisition of shares or assets that meets relevant notification thresholds and will be put into effect after 1 January 2026, must be notified to the ACCC and cannot be completed unless and until the ACCC (or the Australian Competition Tribunal on review) determines that the transaction may be put into effect. This is the biggest change to Australia’s merger laws in 50 years.

The Mandatory Notification Regime is complex and will have significant consequences for mergers and acquisitions in Australia, as well as the regulatory landscape more broadly. We have authored a series of articles on this that explores the upcoming changes:

1. New ACCC Merger Laws – draft legislation released – 26 July 2024
2. ACCC proposed mandatory merger notification thresholds announced – 18 September 2024
3. New mandatory merger notification regime passed by Parliament – 3 December 2024
4. New mandatory merger notification regime: Further details released – 2 May 2025
5. Transition to new mandatory ACCC merger notification regime commences – 17 July 2025

We have a specialist competition and consumer law team that has considerable experience in all matters relating to competition and consumer law, including ACCC merger clearance advice and processes. If you would like more information about the services we provide, please contact us.