New information available about notification waivers and the start date for new asset and control thresholds

This update covers:

• Interim guidance on notification waivers
• Notification waiver application form
• Start date for new asset and control thresholds
• Frequently asked questions (FAQs)

Interim Guidance on Notification Waivers

The ACCC has released interim guidance on notification waivers. Starting 1 January 2026, businesses may apply for notification waivers through the ACCC.

The notification waiver process enables companies to request a determination that their acquisition does not require notification. This streamlines acquisitions presenting no material competition or consumer risks.

The guidance addresses:

• Acquisitions suitable for waiver applications
• Application procedures
• ACCC's review process
• Factors considered in waiver decisions

Notification Waiver Application Form

Treasury released the final notification waiver application form on 1 December 2025, ahead of Federal Register of Legislation registration. The ACCC has published the form with completion guidance on its website. Businesses can submit applications through the ACCC's online acquisitions portal from 1 January 2026.

April 2026 Start Date for New Asset and Control Thresholds

The Australian Government announced on 1 December 2025 that new asset thresholds and control thresholds commence 1 April 2026, allowing businesses preparation time. The core merger control regime launches as scheduled on 1 January 2026. Final provisions are expected on the Federal Register of Legislation in mid-December 2025.

Frequently Asked Questions

The ACCC's merger reform FAQs have been updated with notification waiver guidance. These may be amended periodically based on transition experience and reflect current ACCC views.

Merger Inquiries

Contact MergerReformInfo@accc.gov.au for merger reform questions.