Fact sheet on enforcement of notification requirements and updates to FAQs and operational data

Fact sheet on enforcement approach to notification requirements

A new fact sheet on the ACCC’s approach to enforcement of the notification requirements under the merger control regime is available.

If a business proceeds with an acquisition without notifying the ACCC when it is required to do so, the ACCC can apply to the Federal Court for orders declaring the acquisition void, requiring divestiture or granting other remedies. Significant monetary penalties may also apply.

The ACCC may take a wide range of factors into account when determining whether to apply to the Court for a voiding order or other penalty.

Before proceeding with an acquisition, businesses should:

• make sure they are informed of any legal obligations that may apply
• assess whether the proposed acquisition is required to be notified
• make sure that they are meeting their obligations.

Update to merger reform FAQs

The ACCC’s frequently asked questions (FAQs) about merger reform document has been updated.

There is new information about:

• how to contact the ACCC about approved notifications where the acquisition may not be put into effect within 12 months. After a notification has been approved, parties have 12 months to put a notified acquisition into effect. However, the ACCC may extend this period by up to six months at a time where requested.
• how third parties can obtain details about the fee to be paid when applying for Tribunal review of ACCC determinations on notifications.

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.

More operational data now available

We’ve added more data on the merger control regime’s operation. The data now includes information up to 30 September 2026 on:

• how many notifications and notification waiver applications we have received
• how many determinations were made and their outcomes.

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