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About pre-notification engagement
Before notifying an acquisition, we encourage businesses to initiate pre-notification engagement.
To request pre-notification engagement, businesses need to submit a draft notification and the relevant transaction documents. This is done through the portal. When we receive a request, we will allocate a team to work with you.
If businesses are not ready to provide a draft notification, they can still request early discussions. This is a chance to identify an upcoming acquisition with the ACCC and ask specific questions before submitting a draft notification.
Benefits of contacting us before you notify
Pre-notification engagement is a valuable opportunity for businesses to talk to the ACCC about their acquisition before notifying. It enables the ACCC to assess the acquisition efficiently.
- Businesses can proactively raise issues relevant to the ACCC’s assessment. Including whether a remedy may be needed to address competition issues.
- The ACCC can identify any additional information or data that will be necessary to evaluate the acquisition.
Pre-notification engagement may minimise the ACCC needing to decide:
- that a notification is materially incomplete, or
- issue an information request after the assessment timeline commences.
During pre-notification engagement businesses may:
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provide further context and background to the acquisition. This includes information about the operation of relevant markets.
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clarify the information and data the ACCC may need for its assessment
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start discussions about competition issues that may be raised by the acquisition. This includes any remedies that they may be considering.
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where relevant, discuss the expected timeframe for dealing with overseas agencies. This includes whether and how the reviews may be coordinated.
When to contact us
The nature and extent of pre-notification engagement will depend on the acquisition.
In most straightforward matters, the ACCC expects pre-notification engagement may be completed in 2 weeks.
Where there are potential competition issues, businesses should contact us at least 4 weeks before formal notification. For example, this may be where the acquisition:
- involves concentrated markets or the removal from the market of an important competitor
- involves complex commercial arrangements
- is subject to assessment by competition agencies in other jurisdictions, and/or
- raises potential competition concerns that might be addressed through a commitment or undertaking.
When you make your request, we will allocate an ACCC team to work with you. A team member will contact you as soon as possible, typically within 5 business days.
If you are not ready to provide a draft notification, you can request early discussions with the ACCC. This provides the opportunity to initiate discussions about an upcoming acquisition.
Request pre-notification engagement or early discussions
Make your request through the acquisitions portal:
- to start pre-notification engagement and submit a draft notification, or
- if you are not ready to provide a draft notification, request early discussions.