Do sole traders need to notify ACCC of acquisitions meeting mandatory merger thresholds?

No. Across every industry and every size band, the engine's answer for a sole trader is: no.

Do businesses with 1–5 employees need to notify ACCC of acquisitions meeting mandatory merger thresholds?

No (1–5 employees, turnover $100K–$1M).

Who must notify ACCC of acquisitions meeting mandatory merger thresholds?

The applicability test for Notify ACCC of acquisitions meeting mandatory merger thresholds (ACCC), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Only if

Applies only if the acquisition meets the ACCC mandatory notification thresholds. Whether it applies turns on a fact that no industry, structure or size settles on its own.

What the obligation is

From 1 January 2026, mandatory merger notification regime kicks in.

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.

The applicability test

Applies only if the acquisition meets the ACCC mandatory notification thresholds. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Acquirers of businesses or shares meeting threshold.

What triggers it: Proposed acquisition meeting mandatory threshold (TBD final monetary).

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (35 of 35: no).

The answer is the same in every industry: no. Industry does not change who must comply.

Business structure and size

Structure does not change the answer across all industries: for every structure the answer is "no".

Size does not change the answer across all industries: at every size band the answer is "no".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.

Answers that bring it into scope

Starting from a small or large professional services company that does not otherwise meet the test, each of these single facts changes the engine's answer:

The business is acquiring another business: it becomes worth checking, because it applies only if the acquisition meets the ACCC mandatory notification thresholds.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has an acquisition. It then applies only if the acquisition meets the ACCC mandatory notification thresholds. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

When due: Before acquisition; ACCC clearance required.
Frequency: When a triggering event occurs
Evidence to keep: Notification + analysis + market evidence; ACCC clearance.
In force from: 1 January 2026
Status: Current
Priority: Critical

Penalty for not complying

Maximum penalty: Civil penalties to the maximum CCA regime; acquisition unwinding.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Where it sits in the corpus

Rules Mate tracks 4 published obligations tagged "competition", 3 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated critical priority, and is triggered by events.

Regulator, legislation and tools

Regulated by Australian Competition and Consumer Commission.

ACCC: Competition and consumer regulator administering the Competition and Consumer Act 2010 and Australian Consumer Law, plus industry codes and infrastructure access regimes.

Australian Competition and Consumer Commission

CCA: Australia's competition + consumer protection law.

Competition and Consumer Act 2010

Free tools that help with this obligation:

Compliance calendar builder

Run the compliance journeyAnswer a short questionnaire about your business and get the obligations that apply to you, with the reason each one applies.

Questions

Who must notify ACCC of acquisitions meeting mandatory merger thresholds?: Applies only if the acquisition meets the ACCC mandatory notification thresholds. Whether it applies turns on a fact that no industry, structure or size settles on its own.
Do sole traders need to notify ACCC of acquisitions meeting mandatory merger thresholds?: No. Across every industry and every size band, the engine's answer for a sole trader is: no.
Do businesses with 1–5 employees need to notify ACCC of acquisitions meeting mandatory merger thresholds?: No (1–5 employees, turnover $100K–$1M).
When is "Notify ACCC of acquisitions meeting mandatory merger thresholds" due?: Before acquisition; ACCC clearance required.

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.