A new dawn for the Australian merger control regime
22 April 2024
On 10 April 2024, Treasurer Jim Chalmers announced the highly anticipated merger reforms in Australia (Merger Reforms), promising "a streamlined path to approval". From 1 January 2026, a single mandatory and suspensory administrative merger control regime is set to come into force, replacing the current voluntary notification and authorisation process. The Australian Competition and Consumer Commission (ACCC) welcomed the Government's move to reform Australia's merger laws and bolster the ACCC's role and powers in reviewing mergers. The Merger Reforms will bring Australia closer in line with other OECD and EU jurisdictions in terms of how mergers are assessed and cleared, and are the most significant changes to Australian merger control laws in 50 years. Businesses will need to factor in the Merger Reforms when planning and executing domestic and cross-border M&A transactions with an Australian nexus. This briefing outlines the key changes set to be implemented and their potential impact on M&A deals in Australia.
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Clifford Chance
