Ahead of the new mandatory merger control regime commencing on 1 January 2026, the Government will refine the initial notification requirements to ensure the merger reforms are appropriately targeted and risk-based.
These changes are informed by the ACCC's experiences during the transitional, voluntary phase of the regime, which began on 1 July 2025, and early stakeholder feedback. They are designed to reduce regulatory burden for low-risk transactions while maintaining the key objectives of a faster, more transparent and risk-based regime that promotes competition in the interests of consumers.
The refinements include new and wider exemptions from mandatory notification for low-risk business activities in areas such as residential property development, retail trade and financial markets.
The key changes include:
- Exempting leases and other acquisitions of interests in land in the ordinary course of business, unless subject to targeted notification requirements
- Simplifying the approach to monetary thresholds for asset acquisitions
- Streamlining notification obligations around serial acquisitions
- Clarifying and expanding existing exemptions applicable to financial market activities
The Government also plans to make practical adjustments to the automatic voiding provisions that still preserve the incentives for parties to notify proposed mergers.
The Government will progress changes through amendments to subordinate legislation ahead of the commencement of the new merger control regime on 1 January 2026.
The Government and Treasury will continue to work with stakeholders and the ACCC on the detailed design of these changes to help ensure the new merger system meets its objectives of being faster, more transparent and risk-based in the interests of the Australian community.
