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Merger control in Australia is changing
A new mandatory merger control regime starts on 1 January 2026. Businesses can notify on a voluntary basis under the new merger control regime from 1 July 2025.
The new merger control regime will be a major change for the ACCC, business and consumers.
- Learn about some of the key drivers and goals for merger reform on this page.
- Our mergers and acquisitions section connects you to more information about the changes, including transition guidance.
- Detailed information is also available for business and legal advisors on the merger control regime.
Changes to merger control in Australia
On 28 November 2024, the Australian Parliament passed the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024.
The new law changes Australia’s merger control from a judicial enforcement model to a primarily administrative model.
Under the current system, it's not compulsory for businesses to notify the ACCC of an acquisition. Instead, businesses can choose to seek the ACCC's views on their acquisition to reduce the risk of legal action by the ACCC.
Under the new regime, businesses contemplating acquisitions which meet certain thresholds must notify the ACCC and wait for approval before their proposed acquisition can proceed. The ACCC will be the first decision maker on each notified acquisition.
The new merger control regime will be a major change for the ACCC, business and consumers.
Goals of merger reform
The Statement of Goals for Merger Reform Implementation outlines the goals and objectives for delivering these merger reforms.
Changes that business should expect include:
- faster decisions, particularly for non-contentious matters
- greater transparency
- clear notification information requirements for all parties
- clear transition path from existing to new merger regime
- streamlined processes.
Transition to a new merger control regime
The new mandatory merger notification requirements starts on 1 January 2026.
During the transition, between 1 July 2025 to 31 December 2025, there will be some changes to merger assessment processes.
- You can notify using the new merger control regime on a voluntary basis.
- You can continue to use the informal review process. Engage with the ACCC as early as possible to give enough time to complete the review.
- Applications for merger authorisation are no longer possible.
See our guidance on the transition to the new merger control regime for information about options for engaging with the ACCC during the transition and what it means for clearance options for transactions contemplated during this time.
Impacts of mergers and acquisitions
When a business buys another business or its assets, it can become more efficient and innovative. This can result in benefits for consumers and the Australian economy.
However, acquisitions can also impact the level of competition that remains in a market. In many cases, this impact will be minimal. But some acquisitions can substantially lessen competition by reducing the number of competitors and changing the way the remaining competitors behave.
When competition is reduced, consumers can face:
- higher prices
- reduced product or service quality
- less choice and innovation.
The Competition and Consumer Act 2010 prohibits mergers and acquisitions which are likely to substantially lessen competition in any market.
Merger enquiries
Contact the ACCC mergers team if you have an acquisition to discuss or have a question about the new regime.
For questions about a proposed acquisition, email mergers@accc.gov.au.
If you have a question about merger reform or the new merger control process, email MergerReformInfo@accc.gov.au. We will attempt to respond directly to queries we receive where possible. We may also provide responses in the FAQ document in our Information for business and legal advisers on the merger control regime so the information is available more broadly.