Australian Merger Reforms

In late 2024, Parliament passed reforms to introduce a new merger clearance regime in Australia. The new regime is both mandatory and suspensory for transactions which exceed specified monetary thresholds or which otherwise fall within certain designated classes of acquisition. It will commence on 1 January 2026, with a voluntary transition period from 1 July 2025 (when the current merger authorisation system will be closed). The new regime will require a significant change of mindset and practice, to ensure that all appropriate transactions are notified to the ACCC.

At Ashurst, we help clients navigate the competition aspects of their mergers and acquisitions from beginning to end. We provide multi-jurisdictional advice on the application of merger thresholds and whether notification is required, advice on the substantive competition issues raised by deals, and strategic guidance on how best to resolve them. We offer clients the most up-to-date and innovative thinking on the Australian aspects of mergers, combined with international insights from our large global team.

Our Ashurst Advance team is a leader in the delivery of innovative and technology-enabled legal services to our clients across the world. We are developing a digitally-enabled toolkit to make merger filing as seamless as possible for our clients. In addition, our Ashurst Risk Advisory can assist with operationalising your compliance undertakings.

Ask us to find out more about how we can help. 

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From 1 January 2026, Australia will have a new merger clearance regime which is both mandatory and suspensory for transactions which exceed specified monetary thresholds (or which otherwise fall within certain designated classes of acquisition). Ashurst's competition team are alive to the ongoing developments. Below is a selection of articles related to these developments to help you navigate the new regime.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Readers should take legal advice before applying it to specific issues or transactions.