Notify ACCC of acquisitions meeting mandatory merger thresholds
From 1 January 2026, mandatory merger notification regime kicks in.
Who must comply
Acquirers of businesses or shares meeting threshold.
What triggers it
Proposed acquisition meeting mandatory threshold (TBD final monetary).
When due
Before acquisition; ACCC clearance required.
Evidence required
Notification + analysis + market evidence; ACCC clearance.
Max penalty
Civil penalties to the maximum CCA regime; acquisition unwinding
Effective from
1 January 2026
Summary
Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 reforms merger control. From 1 January 2026, mandatory pre-notification + ACCC approval required for acquisitions meeting prescribed monetary + concentration thresholds. Failure to notify is itself a contravention.
Enforced by
Source legislation
Topics
Related obligations
- CWLTHFood and Grocery Code of Conduct (now mandatory)Major supermarkets bound by mandatory Code with civil penalties from April 2025.
- CWLTHFranchising Code of Conduct (mandatory industry code)Mandatory Code regulating franchise sale, disclosure, dispute resolution.
- CWLTHDairy Code of Conduct (mandatory)Mandatory Code governing milk supply agreements between dairy farmers + processors.
Frequently asked questions
- Who must comply with ACCC of acquisitions meeting mandatory merger thresholds?
- Acquirers of businesses or shares meeting threshold.
- What triggers ACCC of acquisitions meeting mandatory merger thresholds?
- Proposed acquisition meeting mandatory threshold (TBD final monetary).
- When is ACCC of acquisitions meeting mandatory merger thresholds due?
- Before acquisition; ACCC clearance required.
- What is the maximum penalty for ACCC of acquisitions meeting mandatory merger thresholds?
- Civil penalties to the maximum CCA regime; acquisition unwinding
- What evidence is required for ACCC of acquisitions meeting mandatory merger thresholds?
- Notification + analysis + market evidence; ACCC clearance.
Source: https://accc.gov.au/about-us/policies-and-publications/merger-reform. Rules Mate is not a law firm. Always verify against the live regulator source before acting.