Insight
Merger reform: one quarter in - the good, the bad and the ugly
After one quarter of the new mandatory ACCC notification regime, what is the good, the bad and the ugly for financial sponsors?
29 April 2026
Insight
New ACCC mandatory notification thresholds commence: bright-line voting power & standalone asset thresholds
In December 2025, the Government announced late-breaking changes to Australia’s new mandatory merger clearance regime, introducing new notification thresholds, filing triggers, and exemptions.
01 April 2026
Insight
ACCC Merger Clearance: letters from the front
1 January 2026 brought with it the most fundamental and sweeping changes to Australia’s competition merger control regime since the Trade Practices Act was introduced by the Whitlam Government in 1974.
12 March 2026
Insight
Regulation, rigor and responsibility - The ACCC's expectation in 2026
In a wide-ranging address today to the Committee for Economic Development of Australia in Sydney, the ACCC Chair Gina Cass-Gottlieb outlined the competition and consumer regulator’s enforcement and compliance priorities for the next 12 months.
19 February 2026
Insight
Unfair trading practices: Arriving mid-2027 – but UTP-style enforcement has already landed
Yesterday, the Government released exposure draft legislation to introduce a general prohibition against unfair trading practices and specific obligations to address subscription traps and drip pricing.
10 February 2026
Insight
Changes to ACCC Merger Clearance Regime – New thresholds, exemptions and triggers
The Government today released details of late-breaking changes to Australia’s new ACCC mandatory notification regime – introducing new notification thresholds, filing triggers, and exemptions.
18 December 2025
Publication
DealTrends
Welcome to KWM’s DealTrends in FY24 and FY25, our annual market report on Australian Private M&A deals between 1 July 2023 and 30 June 2025.
11 December 2025
Insight
Navigating Australia’s evolving M&A regulatory landscape: a strategic playbook for financial sponsors
It will not have escaped those participating in Australia’s M&A ecosystem that the regulatory burden has evolved substantially, particularly over the last 5 to 10 years. The days of a single relatively administrative filing obligation, and possibly a couple of informal chats with industry and market regulators to confirm positions, have for most participants long disappeared. Today, the M&A regulatory framework is significantly more complex and dynamic. For those participating, it now offers less upfront clarity, takes longer and costs more to navigate.
15 August 2025
Insight
Second Term’s a Charm: Labor’s ambitions for competition and consumer law reform
The Australian Parliament is due to resume on 22 July 2025 for the first time since the Labor Government was re-elected for a second term in the May 2025 federal election.
21 July 2025
Insight
Answering (some of) the threshold questions: Treasury releases updated ACCC clearance regime instrument
Treasury released the Competition and Consumer (Notification of Acquisitions) Determination 2025 (Instrument).
01 July 2025
Publication
In Private: April 2025
In Private is your go-to legal guide for private capital dealmaking and portfolio management. This publication is tailored for private capital professionals and dealmakers and covers essential topics and trends that impact your investment strategies.
17 April 2025
Insight
Instrumental changes: Treasury consults on draft notification thresholds instrument
Last Friday, Treasury released the exposure draft of the Competition and Consumer (Notification of Acquisitions) Determination for public consultation.
03 April 2025
Insight
Do we have an understanding? High Court rules against ACCC in appeal regarding anti-competitive understanding
On 2 April 2025, the High Court dismissed the ACCC’s appeals from the Full Federal Court’s decision in the ACCC’s proceedings against J Hutchinson Pty Ltd (Hutchinson) and the CFMEU (Construction, Forestry and Maritime Employees Union).
03 April 2025
Insight
‘Encouraging aspiration, unlocking opportunity, lifting real wages’ – the proposed ban on non-compete clauses
The Government has announced as part of the Budget for 2025/26 that it will introduce a statutory ban on ‘non-compete’ clauses for workers earning less than $175,000, to take effect from 2027.
26 March 2025
Insight
Same same but different: ACCC releases new merger assessment guidelines for public consultation
The ACCC has released its draft merger assessment guidelines for public consultation. The guidelines outline the ACCC’s approach to analysing the potential effects of mergers on competition under the new mandatory merger clearance regime, which will formally commence on 1 January 2026.
21 March 2025
Insight
Managing government business - Australia’s new competition agreement
Last week, the Australian Government published the Intergovernmental Agreement on National Competition Policy (New Agreement) which will revamp many aspects of the National Competition Principles in the Competition Principles Agreement 1995 (Existing Principles).
13 March 2025
Insight
Merger clearance reform: ACCC transitional guidelines released
The ACCC today released guidelines on the transition to the new merger clearance regime
04 March 2025
Insight
Concentrating on concentration – ACCC to focus on oligopolies and merger law reform in 2025
ACCC Chair Gina Cass-Gottlieb has emphasised the growing challenge posed by market concentration across the Australian economy, particularly in sectors such as supermarkets, retail, aviation and digital platforms, as part of the ACCC’s enforcement priorities for 2025.
20 February 2025
Insight
The new order begins: Merger Clearance Reform passes Parliament
Federal Parliament has passed legislation to establish a new mandatory and suspensory merger clearance regime.
29 November 2024
Insight
Australian Merger Clearance Reforms | Impacts for M&A
The Government has introduced into Parliament the Bill for the new merger control regime. It sets out the legal framework for the new regime, including what types of transactions cannot proceed without ACCC clearance, the timeframes for the ACCC’s review and the appeal rights from any ACCC decision.
12 November 2024
Insight
Australia’s Merger Reforms: what it means for commercial real estate deals
The Australian Government has proposed a new merger control regime replacing the existing voluntary informal notification and authorisation process regimes with a mandatory and suspensory clearance regime.
30 October 2024
Insight
Surcharges in the spotlight – RBA’s regulatory review
In one of a string of measures designed to lessen cost of living pressures ahead of next year’s election, the Australian Government has announced its proposal to ban debit card surcharges levied by retailers from 1 January 2026, subject to a review of the retail payments framework by the Reserve Bank of Australia (RBA).
23 October 2024
Insight
The eagle has landed - New Merger Reform Bill introduced into Parliament today
oday, the Government introduced into Parliament the much anticipated Bill for its proposed new mandatory ACCC merger clearance regime.
10 October 2024
Insight
Is my deal caught? Government releases draft merger thresholds
The Government has today released details of the proposed thresholds above which merger parties will be required to obtain ACCC clearance under the new mandatory and suspensory merger clearance regime.
30 August 2024
Insight
Australian merger control overhaul: 6 key takeaways from the draft merger reform legislation (including some surprises)
Yesterday, the Government released exposure draft legislation for its proposed new merger clearance regime.
25 July 2024
Insight
7 Takeaways for Businesses from the ACCC’s Draft Guide on Sustainability Collaboration
In this update we identify 7 key takeaways for businesses wanting to collaborate to achieve sustainability outcomes, including a new streamlined authorisation process for particular types of collaboration.
09 July 2024
Insight
Merger clearance reforms - what you need to know
Existing informal process and merger authorisation regime to be replaced by new mandatory and suspensory clearance regime with significant changes including to the legal test and appeal process.
25 June 2024
Insight
Holistic merger reform is coming – What is the impact on private capital deals?
Under proposed changes announced this week, Australia’s existing merger laws - which are currently premised on a voluntary notification system - will do a 180 degree pivot to a mandatory and suspensory regime.
15 April 2024
Insight
Stop right there: Australia’s merger regime set to change
Today, the government announced its proposal to overhaul Australia’s merger laws.
10 April 2024
Insight
Easing cost of living: ACCC announces 2024 enforcement priorities, with a focus on consumers
The ACCC Chair, Gina Cass-Gottlieb, today unveiled the ACCC’s enforcement priorities for 2024-25. Consistent with issues of concern to many Australians, those priorities focus on addressing cost of living pressures, and practices that harm disadvantaged members of the community.
07 March 2024
