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ARTICLE · 06 SEPTEMBER 2021

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ACCC Proposes Substantial Changes To Australian Antitrust Merger Review

Jones Day
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Australia's antitrust merger laws have remained largely unchanged since 1993. The law prohibits the acquisition of assets or shares with the effect or likely effect of substantially lessening...

AustraliaAntitrust/Competition Law
Jones Day
Jones Day
Prudence Smith
Prudence Smith
Jeremy P. Morrison
Jeremy P. Morrison
Dylan McIntyre
Dylan McIntyre
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In Short

The Situation: The leadership of the Australian Competition and Consumer Commission ("ACCC") has put forward a series of sweeping proposals that, if implemented, would be the most substantial changes to Australian antitrust merger laws in nearly 30 years.  

The Context: Today, merger review in Australia is voluntary and, for the most part, nonsuspensory. If adopted, the proposed changes would establish mandatory merger reporting for transactions that meet certain thresholds and require that parties to such a transaction suspend closing until they obtain ACCC clearance.  

Looking Ahead: Although the proposed changes are a long way from adoption, the ACCC's proposals would significantly increase antitrust scrutiny in Australia, particularly in the technology sector, and they would introduce a presumption that mergers involving a company with substantial market power are unlawful.

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