Merger reform - Government announces proposed changes to exemptions

The ACCC acknowledges stakeholders who have submitted questions and indicates they're processing these inquiries promptly, incorporating answers into FAQs where applicable.

Notification Requirements Being Refined

On October 15, 2025, Assistant Minister Dr Andrew Leigh announced governmental plans to refine initial notification requirements for the merger regime. The adjustments introduce expanded exemptions from mandatory notification for lower-risk commercial activities.

Proposed changes include:

• Exempting land leases and acquisitions of land interests in ordinary business operations, except where targeted notification applies
• Simplifying monetary thresholds for asset acquisitions including leases
• Streamlining notification obligations concerning serial acquisitions
• Clarifying and broadening exemptions for financial market activities

Changes will progress through subordinate legislation amendments before the mandatory regime begins January 1, 2026.

Questions and Answers During Transition

The proposed refinements address several stakeholder inquiries, particularly regarding land and lease matters.

Questions affected by proposed changes will remain unanswered temporarily. The ACCC will contact submitters advising them to monitor developments and evaluate whether their questions are now addressed by the announced changes.