The Australian Competition and Consumer Commission is consulting on draft assessment guidelines for new merger notifications laws that will apply from next year.

The guidelines explain how the regulator will analyse mergers’ potential effects on competition, according to commissioner Philip Williams.

“This, combined with the increased transparency that will be available for all decisions and the reasons for the decisions, will provide greater predictability regarding the ACCC’s analysis and decision-making,” he said. 

The guidelines cover topics including the effects of mergers between competitors, the meaning of a “market” and types of mergers the regulator commonly reviews.

The importance of concentration in merger analysis and clarification of the “substantial lessening of competition” test are also explained.

Under the new merger regime, the ACCC must be notified of all deals above a certain transaction threshold.

The closing date for submissions is April 17. See consultation details here.