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Parliament passes merger law overhaul

The federal parliament has passed merger law reforms that require the competition watchdog to be notified of all deals above a certain transaction threshold.

The changes also provide the Australian Competition and Consumer Commission with tools to deal with “serial acquisitions”, where a series of smaller transactions gradually harm competition. 

“We recognise that this will be a very significant change for the business community and indeed the ACCC,” commission chair Gina Cass-Gottlieb said. 

“This marks the most significant change to Australia’s merger regime since the Trade Practices Act was enacted 50 years ago.”  

The ACCC says the arrangements will increase transparency for business and the community, including by requiring the regulator to publish reasons for final decisions; make the process more efficient and faster, particularly for non-contentious mergers; and provide more certain timelines. 

The laws formally take effect from January 1 2026, but businesses can start using the new regime on a voluntary basis from July next year. 

“We will be working and consulting with businesses and other stakeholders to ensure parties have clarity on time frames and processes, and that the new regime achieves its intended benefits of increased efficiency and transparency,” Ms Cass-Gottlieb said.