The ACCC's mandatory merger notification regime goes live: a checklist of key features
18 August 2025
From 1 January 2026, Australia’s new mandatory merger notification regime will require certain acquisitions meeting monetary, control, and Australian-connection thresholds to be cleared by the ACCC before completion.
Key changes include:
- Compulsory notification for deals that satisfy applicable filing thresholds, with substantial filing fees, standstill obligations and strict review timelines.
- A revised substantial lessening of competition test plus a greater emphasis on economic analysis and additional guidance on novel theories of harm and concepts.
- New filing forms (short and long) with extensive upfront information requirements.
- Limited exemptions and strict rules around non-competes.
The regime is voluntary from 1 July 2025 to 31 Dec 2025, but becomes mandatory thereafter.
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