ACCC, Accurate Advertising Disclaimers and Creeping Acquisitions

Australia's Parliament has passed significant amendments to the country's merger regime, less than a year after its introduction. The changes address practical concerns around mandatory merger notifications, providing greater flexibility for minority investments, reducing risks from inadvertent notification failures, and allowing extensions for delayed transactions. How will these refinements impact dealmakers navigating Australia's interventionist competition framework?

Australia's mandatory merger control regime undergoes significant refinement through new legislation that addresses practical challenges businesses have faced since its 2026 introduction. The amendments fundamentally reshape how control and associate relationships are assessed, what happens when acquisitions aren't properly notified, and how parties can manage completion timelines for approved mergers.

The Federal Court has imposed a record $1 million personal fine on an executive for attempting to induce competitors into cartel arrangements in the oil and gas services industry, despite all five attempts failing. The Court also issued a non-indemnification order preventing the executive from using insurance or company funds to pay the penalty, marking a significant escalation in competition law enforcement.

This edition of the K&L Gates Competition and Consumer Law Round-Up examines recent enforcement actions by the Australian Competition and Consumer Commission, including greenwashing allegations, misleading pricing investigations, and record penalties for horticulture code breaches. The newsletter also covers significant merger reviews, authorisations for industry collaborations, and emerging regulatory developments affecting digital platforms and supply chain disruptions.

Australia's mandatory merger notification regime, which began in January 2026, is already facing proposed amendments just six months into operation. The government seeks to refine key aspects including how non-notified acquisitions are handled, extending clearance periods, and clarifying notification requirements for minority investments.

The Australian Competition and Consumer Commission has issued its first formal rejection under the country's new mandatory merger regime, blocking Coles' proposed acquisition of a leasehold interest for a supermarket development in Kalgoorlie. This landmark decision signals a significant shift in how regulators will scrutinize supermarket expansion projects, particularly in regional markets, and raises critical questions about the competitive implications of greenfield developments that don't involve acquir

Australia's proposed amendments to its mandatory merger control regime aim to address problematic features that have led to over-capture of unproblematic deals in the first six months of operation. The changes introduce a court-supervised 'voidable' model replacing automatic voiding, clarify the 'control' exemption to reduce capture of benign minority acquisitions, and allow parties to extend ACCC approvals beyond the 12-month mark.

Australia’s new mandatory merger control regime commenced on January 1, 2026. Parties must notify the Australian Competition and Consumer Commission (ACCC)...

This edition of the K&L Gates Competition & Consumer Law Round-Up examines recent enforcement actions by the Australian Competition and Consumer Commission, including significant penalties against major retailers for misleading pricing practices. The newsletter also covers merger reviews, collective bargaining authorisations, and emerging regulatory developments affecting competition and consumer protection in Australia.

Australia’s new merger control regime has been in force since 1 January 2026, with the ACCC noting it is ‘off to a positive start’.