Frequently asked questions about merger reform

The ACCC maintains and periodically updates a frequently asked questions document on Australia's mandatory merger notification regime, which commenced on 1 January 2026 under the Competition and Consumer Act 2010. The FAQs are intended to be read alongside the ACCC's merger assessment guidelines, interim merger process guidelines, quick guide for businesses and guidance on notification waivers, and are described by the ACCC as indicative only rather than legal advice.

Under the regime, an acquisition that meets notification thresholds set by a Treasury Minister must be notified to the ACCC, and the parties must receive approval or a notification waiver before the acquisition can proceed. Thresholds are based on combined Australian revenue of the merger parties and, in some cases, global transaction value, with a Treasury Minister able to set additional notification requirements for high risk acquisitions. Some exemptions may mean an acquisition meeting the thresholds does not need to be notified.

The ACCC has said that now the regime has moved into an operational phase, it will no longer provide direct responses to individual enquiries about the new regime, instead directing stakeholders to the published FAQs and inviting suggestions for additional topics to be addressed in future updates. The FAQs are based on the Competition and Consumer Act and subordinate legislation as at the date of each update and may be amended over time to reflect experience during the transition period.

Businesses considering an acquisition in Australia need to assess at an early stage whether the transaction meets the mandatory notification thresholds, since completing a notifiable acquisition without ACCC approval or a waiver is not permitted under the new regime.