In complex and transformational transactions, you can rely on our deep knowledge and expertise in obtaining clearance from the Australian Competition and Consumer Commission (ACCC) and antitrust agencies across Asia.
From 1 January 2026, ACCC clearance is mandatory for certain prescribed share and asset acquisitions that meet monetary thresholds. This new clearance regime is one of the most significant changes to Australia’s competition laws in 50 years.
The regime has replaced the existing voluntary informal notification process and the formal merger authorisation pathway with an administrative clearance regime. Acquisitions that meet the notification thresholds and are not notified remain stayed. The ACCC can apply to the Federal Court for a declaration that a non-notified acquisition is void and taken to have always been void. Parties who proceed to completion without ACCC notification (or waiver) will be exposed to civil penalties. The new regime includes statutory timeframes, prescribed filing requirements, and changes the legal test and threshold for ACCC clearance.
Our competition team has been closely engaged in the law reform process and is ready to help you navigate the complexities of this new regime
Our competition team advises on some of the most contested and significant merger transactions in the region, as well as on strategies to operate successfully under the new mandatory notification regime – whether that is for ‘BAU’ transactions or company defining deals. There is intense regulatory focus in Australia on acquisitions that increase market concentration – under the new merger clearance regime, an acquisition may have the effect of substantially lessening competition if it would have the effect of ‘creating, strengthening or entrenching a substantial degree of power in the market.’ Our team is ready to assist local and international clients through the new ACCC clearance process in Australia and is often called upon to advise in connection with other jurisdictions in cross-border deals.
Experienced across sectors - giving you the edge to complete your deal and achieve your business strategies
Different sectors are subject to greater scrutiny from anti-trust regulators – and this changes over time. Our team’s industry know-how across a wide range of sectors helps us deliver commercially relevant advice, tailored to your industry environment. We act for clients in sectors as diverse as financial services, manufacturing & processing, mining & resources, energy, pharmaceuticals, research & development, FMCG & retail, technology, telecommunications, agribusiness, food & beverages and health insurance.
