Updates on merger control regime and new frequently asked questions

This update covers:

• Subscriptions available for acquisitions register
• New frequently asked questions (FAQs)
• Confidentiality quick guide now available
• Recap on recent updates
• Forthcoming changes

Subscribe to receive email alerts for the acquisitions register

You can now subscribe for email updates on the acquisitions register on the ACCC’s website:

• for an industry sector based on ANZSIC class code – click on the ‘Subscribe to email alerts for an industry’ button which appears on the right side of the acquisitions register webpage
• for a particular matter – click on the ‘Subscribe to this acquisition’ for the individual entry on the register.

Update to merger reform FAQs

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

• ways to confirm payment details
• information that is likely to assist the ACCC’s consideration of acquisitions involving private equity firms relating to other funds for notification waiver applications
• whether statements about the thresholds in notification waiver determinations mean the ACCC has reached a conclusion on whether there is a relevant ‘acquisition’ or it is connected with Australia
• how to confirm whether there has been an application for Tribunal review
• what you should provide if lodging a notification or notification waiver application where a section 189 letter was previously issued.

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.

Confidentiality quick guide

A quick guide for businesses on providing confidential information to the ACCC is now available. It covers:

• how to claim confidentiality
• how the ACCC assesses confidentiality claims
• the ACCC’s approach to the disclosure of confidential information.

Recap on recent past updates

• Character field limits increased - In response to feedback about the character limit in the portal not being enough for the non-confidential plain language summary, we have increased this field to 3,000 characters
• Updated version of the notification waiver application form is now available. This update is to assist businesses with completing and lodging the application form in the acquisitions portal
• New asset thresholds and voting power thresholds commenced for acquisitions put into effect on or after 1 April 2026.

Looking ahead – forthcoming changes

• Early payment of fees for waivers and notifications – we anticipate that this facility will be made available on the portal soon and will update stakeholders closer to this becoming available. Early payment will be possible provided an early discussions request or draft notification has been lodged.

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.