The competition watchdog had released guidance ahead of tougher merger notification laws, and has warned it will be on the lookout for anti-competitive acquisitions during the transition period.

The Australian Competition and Consumer Commission says it will consider “all available enforcement options” including urgent injunctions if it spots such deals.

“We are very mindful of the risk of anti-competitive acquisitions taking place during the transition period without any, or minimal, notification to the ACCC,” it says.

Laws requiring the commission to be notified of all acquisitions that meet a certain threshold take effect next year, but businesses can switch to the regime on a voluntary basis from July.

“The new rules and processes for mergers and acquisitions will be a major change for businesses and the ACCC,” chair Gina Cass-Gottlieb said. “Supporting businesses and other stakeholders by providing clarity on key dates and processes is crucial to a successful transition.”  

A current “informal merger review” option available to businesses will cease at year end, and if a pre-assessment or public review has not been finalised by then, the ACCC will not continue it.

Ms Cass-Gottlieb says businesses should engage with the commission as soon as possible if considering seeking an informal merger review after July.

“This will help manage the risk that there won’t be enough time for the ACCC to complete its assessment,” she said.