Australia's Incoming Mandatory and Suspensory Merger Regime: A Ready Reckoner and Flowchart
From 1 January 2026, significant reforms to Australia’s merger clearance regime will come into effect. The amended regime will operate on a mandatory and suspensory basis. Parties must notify the Australian Competition and Consumer Commission (ACCC) of any acquisition of shares or assets that satisfies the monetary and “control” thresholds, provided that the target carries on business in Australia. Acquirers can voluntarily make notifications under the new regime from now.
We have prepared a Ready Reckoner that provides an overview of the revenue thresholds for mandatory notification (and related definitions), exceptions to the requirement to notify, the information and documentary requirements when you notify, as well as the notification fees. We have also prepared a Flowchart that may assist you in navigating the notification decision points.
Click here to view the Ready Reckoner and Flowchart.
This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients.
