The Australian Competition and Consumer Commission (ACCC) has published guidance on transitional arrangements to the new merger control regime. Background.

A new mandatory process for notifying ACCC of acquisitions that meet specified thresholds and for ACCC to assess acquisitions starts on 1 January 2026.

The Government has released proposed monetary notification thresholds, with the final thresholds to be set by a Treasury Minister in a legislative instrument.

The notification thresholds will comprise:

• A single economy-wide monetary threshold focused on large mergers, where the combined merger parties (including the acquirer group) have above $200 million combined Australian turnover AND are buying businesses or assets above either $50 million Australian turnover OR
• $250 million global transaction value. This will ensure that large acquisitions would need to be notified.
• Lower thresholds will apply for very large businesses buying smaller businesses or assets (above $500 million Australian turnover buying above $10 million Australian turnover).

Businesses will be able to voluntarily notify under the new system from 1 July 2025.

There is a requirement to wait for approval from the ACCC before completing the acquisition.

Transitional arrangements apply to:

• informal clearance in 2025,
• voluntary notifications under the new regime from 1 July 2025, and
• merger authorisation applications lodged before 30 June 2025.

Businesses that have received informal ‘clearance’ or been granted merger authorisation under the current system between 1 July 2025 and 31 December 2025 will be exempt from notification, provided the acquisition is put into effect within one year of the decision.

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Author: David Jacobson
Principal, Bright Corporate Law
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About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.