Australia's Upcoming ACCC Merger Regime: Preparing for Mandatory Notification from 1 January 2026
- Anthony Jarvis
- 2 days ago
- 1 min read
Updated: 1 day ago
1 January 2026 marks the commencement of Australia's new mandatory and suspensory merger control regime.
From 1 January 2026, acquisitions that meet the specified monetary thresholds must be notified to the Australian Competition and Consumer Commission (ACCC), with clearance required before completion. This introduces statutory review periods that will significantly extend timelines for many transactions.
Transactions requiring rapid execution—such as opportunistic opportunities, year-end closings, or those involving companies under financial pressure—face particular challenges. The suspensory nature of the regime means completion cannot occur until approval is granted. The ACCC recently released interim merger process guidelines that outline the overall framework, including statutory timelines and the definition of "business days," which expressly exclude weekends, ACT public holidays, and the period from 23 December to 10 January inclusive.
A notification waiver is available for acquisitions that clearly raise no material competition concerns, as detailed in the ACCC's interim guidance on waivers. This provides a potential streamlined option with a statutory assessment period of up to 20 business days.
With the regime shortly coming into force, parties to any upcoming acquisitions should promptly assess whether notification thresholds are met and consider available options under the new framework.
Understanding the new regime is critical with the new requirements having a significant impact on timeframes. Businesses should seek advice and be proactive in understanding how this will affect transactions.
