Supplementary Submission: Merger reform legislation and instruments
Submission Date: 5 September 2025
This supplementary submission concerning merger reform legislation and instruments is made by the Competition and Consumer Committee of the Business Law Section of the Law Council of Australia (the Committee).
The Committee provided further input to Treasury on aspects of the new merger regime which raise practical concerns for business and the adviser community.
The Committee notes the recent and high-profile focus that has been placed by Government on the role of the private sector in driving productivity and the importance of ensuring regulatory interventions are efficient, proportionate and targeted to allow this to occur. The Committee is concerned that, at present, the merger regime does not achieve these objectives. Instead, it runs the risk of imposing considerable cost, delay and uncertainty on a very wide range of commercial transactions (not limited to mergers or traditional asset deals) that do not, and were never likely to, raise any competition concerns that warrant intervention.
This submission identifies a non-exhaustive list of 18 issues that have arisen already for members in advising clients and seeking to work within the new framework. Where possible, the Committee has sought to explain the practical consequences for our clients and steps that we see might be taken to address the issue.
This issues raised are important and most have the potential to significantly impact commerce from 1 January 2026 and therefore require urgent attention.
In offering the issues list, the Committee recognises the policy objective of Government to implement a stronger, mandatory framework that reduces the degree to which firms and their advisers have discretion over whether to bring transactions to the ACCC. However, a mandatory framework that is too broad, with consequences for non-notification that are too severe (and fees that are substantial), will impose a considerable and unnecessary regulatory burden on Australian business and global firms seeking to invest here.
Last Updated on 30/09/2025
Share
Tags
Most recent items in Business Law Section
Business Law Section
Regulation of Payment Service Providers—Tranche 1a draft legislation
Business Law Section
Proposed introduction of excessive pricing prohibition for supermarket and grocery retailers
Business Law Section
ASIC Report 813 Regulatory simplification (REP 813)
Trending Items in Business Law Section
Business Law Section
Forsyth/Pose Scholarship
Business Law Section
Santow Scholarship
Business Law Section