The Big Shift
Since the 1st of July 2025 notifying the ACCC of a transaction is voluntary. Businesses can approach the regulator for an informal review if there is a concern around competition. However, following the 1st of Janauray 2026, notification will be mandatory for transactions that meet certain thresholds.
The ACCC will also have a stronger role as the decision-maker. Instead of relying heavily on the courts after a deal is done, the regulator will assess and decide upfront. This is designed to increase certainty, reduce disputes after the fact, and bring Australia closer to international practice.
Key Dates
- 1 July 2025 – a transition period begins. Businesses can voluntarily use the new system, though informal reviews will still be available.
- 31 December 2025 – Informal clearance ends.
- 1 January 2026 – the new system is fully in force. Any deal above the threshold must be notified and cleared before it can proceed.
During the transition, merger authorisations will no longer be an option.
What This Means in Practice
For buyers and sellers, the main impacts are likely to be:
- More planning and preparation – you’ll need to factor in additional time for ACCC review before a deal can complete.
- More information required – detailed data about the business, its customers, competitors, and market share will need to be on hand.
- Greater risk of delay – deals in concentrated markets, or involving competitors, may face more scrutiny.
- Higher transaction costs – professional and legal fees are expected to rise as notification processes become more involved.
That said, the ACCC has committed to faster decisions for straightforward cases and more transparency around its processes. For many deals, this could mean fewer surprises.
How to Prepare
If you’re thinking about selling, it’s a good idea to have your business information packaged and ready. Clear records of your customers, revenue streams, competitors, and market position will make the process smoother. For buyers, understanding where potential competition concerns may arise is now a critical part of due diligence.
At LINK, we see these changes as part of a broader effort to make Australia’s merger landscape more structured and predictable. While it does mean extra planning, it also means fewer grey areas and more certainty once a deal is cleared.
To find out more details about the new changes please visit the ACCC website here.
