Mergers and acquisitions can be important for the efficient functioning of the economy. However, the Competition and Consumer Act prohibits those mergers that would have the effect, or be likely to have the effect, of substantially lessening competition in a market.
Your application for authorisation or notification should be in a form approved by the ACCC and accompanied by the relevant fee unless a waiver is in place.
Notification is an alternative process to authorisation that is available where parties propose to engage in small business collective bargaining, exclusive dealing or resale price maintenance.
The informal merger review process enables merger parties to seek the ACCC’s view on whether the proposed acquisition is likely to have the effect of substantially lessening competition.
Authorisation is a public process which commences once a valid application is lodged. The ACCC must issue a final determination in writing either granting or dismissing an application for authorisation (of non-merger conduct) within six months of receiving a valid application, unless extended.