The Australian Competition and Consumer Commission (ACCC) has published draft guidance detailing the processes it will follow when assessing mergers under the new merger regime, which will take effect on January 1, 2026. This guidance is part of a broader effort to prepare businesses and stakeholders for the significant changes in merger notification requirements.

ACCC Chair Gina Cass-Gottlieb emphasized the importance of these guidelines, stating that all acquisitions meeting specific thresholds must be notified to the ACCC for assessment starting in 2026. The ACCC aims to ensure that stakeholders are well-informed about the new processes and requirements, promoting transparency in merger assessments.

In addition to the draft guidelines, the ACCC has released a simplified quick guide to help businesses and advisors navigate the new merger regime. The consultation period for feedback on these documents will run from March 27 to April 28, 2025, allowing ample time for stakeholders to review and respond.

The ACCC anticipates that approximately 80% of acquisitions will be approved within 15 to 20 business days, streamlining the clearance process. However, contentious mergers will undergo thorough scrutiny to prevent anti-competitive outcomes. The ACCC is committed to refining the guidance based on stakeholder feedback and legislative developments.

As part of the transition, a voluntary notification period will begin on July 1, 2025, providing an opportunity for the ACCC to assess the effectiveness of the new processes before they are finalized. The ACCC encourages businesses considering mergers to engage with them during this transitional phase.