Updates on merger control regime and notification waiver application form

Dear MergerLoop,

This email provides an update on:

• Statistics on the new merger control regime
• Updated notification waiver application form guidance now available
• Changes to the character limits in the acquisitions portal
• Update to merger reform FAQs
• New notification thresholds now in effect
• Our approach to merger reform enquiries is changing

Statistics on the new merger control regime

Overall, Australia's new merger control regime is working as expected and the ACCC is meeting its commitments on decision timelines. This is according to data from its first 3 months of operation.

Between 1 January 2026, when the new regime started, to 31 March 2026, the ACCC received 50 merger notifications and 108 notification waiver applications.

As at 31 March 2026, we:

• approved 39 notifications in phase 1. This included the 13 notifications received during the transitional period between 1 July and 31 December 2025. The average time taken for the ACCC to approve a notification in phase 1 was 18 business days
• progressed 2 notifications to phase 2 for a more in-depth assessment
• granted 70 notification waivers and 6 were not granted. Waivers are a streamlined process for simpler acquisitions that clearly do not raise material competition concerns. Waivers were decided on average in 11 business days
• decided 91% of acquisitions within 20 business days. This aligns with the ACCC's commitment to decide around 80% of acquisitions within 20 business days either through an early phase 1 decision or a notification waiver.

See more information on how the regime is operating.

Updated notification waiver application form guidance now available

An updated version of the notification waiver application form guidance is available on our website. This update is to help businesses complete and lodge the application form in the acquisitions portal. The updated form guidance:

• is available in Word and PDF formats which can be used as a template when completing the form
• has the questions follow the same order in the acquisitions portal
• links to an updated template for businesses to include information about additional parties, such as connected entities, where there are more than 10 parties
• gives new and updated guidance to help you answer the questions in the form. We encourage businesses to review this guidance given these changes.

We are also in the process of making changes to align the notification form guidance and the acquisitions portal.

Changes to the character limits in the acquisitions portal

The forms guidance for notifications and notification waiver applications asks parties to provide a non-confidential plain language summary.

In response to feedback about the character limit in the portal not being enough for this summary, we are increasing this field to 2,000 characters, as of 22 April 2026.

If the summary still doesn't fit, then please:

• include as much of the summary as possible in the portal field
• provide the complete summary as an attachment with your other additional document(s) uploaded at the end of the online form.

This is an interim step as a further increase to the character limit will follow. We will update users of the timing for this next change closer to the release.

Update to merger reform FAQs

The ACCC's frequently asked questions (FAQs) about merger reform document has been updated. There is new information about:

• upcoming changes to character limits in the acquisitions portal to improve user experience
• whether a section 189 letter still applies if changes are proposed to an acquisition.

These FAQs may continue to be amended from time to time. 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.

New notification thresholds now in effect

On 1 April 2026, new asset thresholds and voting power thresholds started. There are additional notification requirements for certain acquisitions of:

• assets that are not all or substantially all assets of a business
• shares that result in certain changes in voting power, even where they do not result in control of an entity.

See more information on the notification thresholds.

Our approach to merger reform enquiries is changing

Now that the new merger control regime has moved into operational mode, we will no longer provide direct responses to enquiries about the new regime. However, you can send us topics you would like to know more about. We will consider these when we update the frequently asked questions and other future guidance. To suggest topics, please email MergerReformInfo@accc.gov.au.

Please feel free to share this email or subscribe to merger control regime updates.

Visit our website for information on how to request pre-notification engagement, notify an acquisition or apply for a notification waiver.

For technical assistance with the acquisitions portal, please email mergers@accc.gov.au.