New merger reform FAQs available

The ACCC has released an updated version of the frequently asked questions document regarding merger reform.

New and Updated Information Includes:

• Sale and agreement for lease applicability to the sale and leaseback exception
• Confidentiality treatment of notification waiver application details and placement on the Acquisitions Register
• Notification requirements when multiple investors are involved
• The 3-year aggregation period for past acquisitions under creeping or serial acquisitions thresholds and retrospective application to pre-1 January 2026 acquisitions
• Application of merger control regime to customer contracts for works or services
• Superannuation fund exemptions

The FAQs remain subject to ongoing amendments reflecting transition period experience. The ACCC states that "the information reflects the ACCC's views at the time of publication, but they are intended to be indicative only and may change over time."

Contact Information

For merger reform questions, contact MergerReformInfo@accc.gov.au.