Practical Law publishes new note on Australia's new merger control regime
Australia is set to undergo a significant transformation in its merger control regime, transitioning to a mandatory and suspensory system effective from 1 January 2026, with transitional arrangements operating from 1 July 2025.
This change marks a departure from the previous informal clearance process that has been in place for over five decades. Under the new regime, businesses will be required to notify the Australian Competition and Consumer Commission (ACCC) of certain acquisitions that meet specified monetary and control thresholds, and they must obtain approval before completing these transactions.
The new Practice note provides a comprehensive overview of the new regime, including the transitional arrangements applicable from 1 July 2025 to 1 January 2026. It outlines the key changes, including notification thresholds and details of the ACCC's assessment process, and it offers practical guidance on how to align deal strategies with the new regulatory requirements.
Tim Perry initially joined Practical Law in late 2016 as the Head of Corporate for Practical Law Australia. At that time he had more than 12 years' experience practising at leading law firms Gilbert+Tobin, DLA Piper and Mallesons Stephen Jaques (now King & Wood Mallesons). In his time as a corporate lawyer, Tim advised on public and private mergers and acquisitions, private equity transactions, joint ventures, restructures, capital raisings, privatisations and other government transactions, corporate governance, directors' duties and commercial contracts.