The key takeaway from the ACCC’s latest guidance is that, during the transition, informal reviews requested late in 2025 risk being unfinished, requiring re-notification under the new rules, while clearances granted before 1 July 2025, may need updated reviews if not implemented by year-end.
On 4 March 2025, the Australian Competition and Consumer Commission (ACCC) released this guidance to help businesses navigate the shift to a new mandatory merger control regime, set to transform how acquisitions are reviewed in Australia. Passed into law on 28 November 2024, this regime moves from a voluntary notification system to a mandatory and suspensory framework, effective 1 January 2026, with voluntary engagement available from 1 July 2025.
Under the current system, businesses can seek informal clearance or merger authorisation to manage risks under section 50 of the Competition and Consumer Act 2010 (Cth). This will change significantly as informal clearance ends on 31 December 2025, and merger authorisation applications will stop after June 30 2025. From January 2026, acquisitions meeting yet-to-be-finalised thresholds must be notified to the ACCC and approved before completion, with statutory timelines providing clarity.
For M&A stakeholders, timing is critical. The ACCC stresses early engagement—whether through the current informal process before October 2025 or voluntary notifications under the new regime from July—to avoid disruptions. Acquisitions cleared informally by December 31, 2025, or authorised by that date won’t need re-notification if completed within 12 months.
Our team is here to guide you through this evolving landscape—contact Glenn Vassallo (Managing Director), Scott Standen (Director) or Ashley Hill (Director) to keep your M&A strategy compliant and on track.