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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 363.09 KB | DOCX 242.72 KB )
Notification waiver application form - template for additional parties and market shares ( XLSX 69.89 KB )
Notification waiver application form - declaration template ( DOCX 50.36 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.
When to pay fees
The fee should be paid as close to the date the notification waiver application form is submitted through the portal.
You can pay the fee for a notification waiver application either:
- before the form has been formally lodged in the portal. Early payment will be possible if an early discussions request has been lodged.
- after the application form has been submitted in the portal.
How to pay fees
In the portal, you can select ‘pay now’ which allows you to pay by credit card or view the details to pay by electronic funds transfer.
You can also add a user responsible for payment so they can access the payment details and complete the process. Note that invited users will have access to all the content you have entered for that matter.
After paying the fee, you must upload proof of payment through the portal, such as a screenshot from your online banking system.
Payment of the fee does not constitute an application. You will receive written confirmation and the date the application was made once the application is lodged and any applicable fee is paid.
If you would like a copy of your invoice, you can select ‘send invoice’. This allows you to create an invoice and email it. This includes nominating who the invoice is made out to.
Pay by electronic funds transfer
The ACCC’s bank details will be made available, and a payment reference number is generated. 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.
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 on the same day you have paid by electronic funds transfer.
Payment from an overseas bank account
Applicants for notification waivers may pay the fee using electronic funds transfer from an overseas bank account.
If you are making an international payment, it is vital that you cover all transaction fees, including any transferring bank or intermediary bank fees, that may be incurred as part of the payment process. This may affect the final amount received by the ACCC.
The ACCC must receive the legislated fee in full. We cannot proceed with your application until the full fee is received.
Pay by credit card
Fees for notification waiver applications can be paid directly through the acquisitions portal by credit card.
Contact
For questions about a notification waiver application, email notificationwaivers@accc.gov.au and include the title of the acquisition in the subject line.