The Australian Competition and Consumer Commission (ACCC) has released guidance on transitional arrangements for businesses considering mergers ahead of the new merger regime that will come into effect on January 1, 2026. This guidance aims to provide clarity on key dates and processes to ensure a smooth transition for businesses and stakeholders.

Under the new regime, all acquisitions that meet a specific threshold will need to be notified to the ACCC. The ACCC Chair, Gina Cass-Gottlieb, highlighted the significance of supporting businesses during this transition, stating that clarity on the new rules is crucial for effective merger control in Australia.

The guidance also outlines provisions that allow businesses to voluntarily start using the new regime from July 1, 2025. The ACCC has clarified how businesses can engage with them regarding their mergers throughout 2025 and what implications informal clearances may have on the notification obligation starting in 2026.

Ms. Cass-Gottlieb emphasized the importance of early engagement with the ACCC for businesses seeking informal merger reviews, as this will help manage the risk of insufficient time for assessment before the mandatory process begins. The ACCC is committed to ensuring a transparent and smooth transition to the new regime and will continue to update the guidance as new questions arise.

Currently, the Australian merger regime does not require parties to notify the ACCC of proposed acquisitions. However, the new legislation passed in November 2024 mandates notification for transactions above a prescribed threshold. The ACCC has been advocating for these reforms to enhance competition and benefit consumers and businesses alike.