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About notification waivers
If granted, a notification waiver removes the need to notify the acquisition to the ACCC, even if it meets the thresholds.
It provides a simple way to enable acquisitions to go ahead quickly if they do not raise material risks to competition or consumers.
The notification waiver process is not suitable for all acquisitions. It is also not an initial step before progressing to notification. If an acquisition raises material risks to competition or consumers, businesses should lodge a notification instead.
The ACCC expects to make quick decisions on notification waiver applications. If a decision is not made within 25 business days, the ACCC must not grant the notification waiver.
Details of waiver applications and the ACCC's decision are published on the acquisitions register. This will be published within one business day of the ACCC making its decision.
The prohibition against acquisitions that are likely to substantially lessen competition in section 50 of the Competition and Consumer Act 2010 still applies to acquisitions even where a notification waiver has been granted.
Consideration of notification waivers
The ACCC must consider 4 mandatory factors when determining whether to grant a notification waiver.
- The object of the Competition and Consumer Act 2010 - enhancing the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.
- The interests of consumers.
- The likelihood that the notification thresholds would apply.
- The likelihood that the acquisition would have the effect, or likely effect, of substantially lessening competition.
The ACCC assesses each notification waiver application on a case-by-case basis having regard to all these factors.
Businesses must provide sufficient information upfront, as part of their application.
If an application does not contain sufficient information for the ACCC to make an effective and timely decision, the ACCC may decide not to grant the notification waiver without further engagement with the applicant.
If the ACCC does not grant a notification waiver and the thresholds are met, businesses will need to submit a notification and wait for ACCC approval before the acquisition can proceed.
It is expected that acquisitions that raise material risks to competition or consumers will be notified before proceeding to obtain legal certainty.
Acquisitions that may be suitable for a notification waiver
Applications for a notification waiver are most appropriate for straightforward acquisitions, such as those:
- that do not present a material risk of harm to competition or consumers, and
- can be assessed on the application information provided, without the need for further investigation.
For example, a notification waiver application may be suitable where there:
- is no or very limited competitive overlap, market definition is clear, and market concentration is low
- are no vertical or conglomerate issues or, if there are, both the market concentration and market shares of the merger parties are low
- are no complex scenarios or legal issues
- is unlikely to be risk of harm to consumers as a result of the acquisition
- are no issues likely to warrant consultation by the ACCC and/or inquiries with third parties.
Find more information in the Notification waivers interim guidance.
Apply for a notification waiver
To apply for a notification waiver, you need to lodge the form and pay the applicable fee or show proof of payment through the portal.
Before you access the portal, review the complete set of questions and our associated guidance:
Notification waiver application form and guidance ( PDF 264.16 KB )
Notification waiver application form - template for market shares ( XLSX 61.74 KB )
Notification waiver application form - declaration template ( DOCX 50.5 KB )
Fee to apply for a notification waiver
The fee to apply for a notification waiver is:
- $8,300
The lodgement fees are set out in legal rules made by a Treasury Minister.
Small businesses may be eligible for a fee exemption.
Individual payment details are provided in the portal after you reach a certain point in the portal process. The fee should be paid as close as possible to the date the notification waiver application is submitted through the portal.
After you obtain the payment details and pay the application fee, upload proof of payment through the portal.
Pay by electronic funds transfer
The acquisition portal generates a unique payment reference number for each application and each notification.
If paying by electronic funds transfer, do not proceed with payment until you have the payment reference number from the portal.
The payment reference number must be included in the description when payment is made, either by the relevant party or their advisor. This enables us to:
- link the payment to the waiver application
- efficiently confirm payment and the effective date the application was made.
Account name: ACCC Administered receipts account
Bank: Westpac Banking Corporation
BSB: 032 730
Account number: 146550
Payment narrative: <Payment reference number from the acquisitions portal>
When paying by electronic funds transfer, we encourage parties to confirm that the bank details correspond with those provided in the secure portal.
It is critical that you upload proof of payment through the portal as soon as possible after paying fees by electronic funds transfer.
Pay by credit card
Fees for notification waiver applications can be paid directly through the acquisitions portal by credit card.
Credit card payment is not available for notification fees.
Contact
For questions about a notification waiver application, email notificationwaivers@accc.gov.au and include the title of the acquisition in the subject line.