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ARTICLE · 18 JUNE 2026

Australian Merger Control Regime’s Application To Property Transactions

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

AustraliaAntitrust/Competition Law
Peter McDonald
Peter McDonald
Lisa Emanuel
Lisa Emanuel
Dannelle Howley
Dannelle Howley
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Australia’s new mandatory merger control regime commenced on January 1, 2026. Parties must notify the Australian Competition and Consumer Commission (ACCC) of acquisitions exceeding specified thresholds and must not complete transactions until clearance is obtained.

“Assets” are defined broadly to include any kind of property, legal or equitable rights, and goodwill—so the regime captures freehold interests, leasehold interests, agreements for lease, options over land, and equitable interests.

Notification thresholds

For acquiring all or substantially all of the assets of a business, the monetary thresholds are:

  •  Large merged firms: Combined Australian revenue of the acquirer and target ≥ AUD200million

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