Australian Merger Control: Reflections As The New Regime Beds Down

Australia’s mandatory, suspensory merger control regime became fully operational on January 1, 2026. Three months in and the signs are (broadly) positive for dealmakers. Early analysis shows that while the number of filings has increased under the new rules, most transactions are being cleared unconditionally at phase 1, and in advance of the review deadline.

According to the Australian Competition and Consumer Commission (ACCC), the regime is “off to a positive start” and is “working as expected.” 

It is true that the statistics are largely promising so far. However, it is not all plain sailing, and we are seeing the mechanism throw up certain challenges for merging parties. 

We give you five key takeaways based on our experience of the new rules.