On this page
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 must notify any acquisitions that meet certain thresholds, before their proposed acquisition can proceed. The ACCC will be the first decision maker on each notified acquisition.
The new processes will be a major change for the ACCC, business and consumers.
Transition to a new merger control regime
The new mandatory merger notification requirements start on 1 January 2026, but businesses can start using the new regime on a voluntary basis from 1 July 2025.
During the transition, between 1 July 2025 to 31 December 2025, there will be some changes to current merger assessment processes. For information about our current processes, see informal merger review process and merger authorisation process.
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.
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.
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.