Draft Guidelines for Merger Assessment: ACCC Calls for Public Comment

Following significant reforms to the Competition and Consumer Act 2010 (Cth) (the Act) as a result of the passage of the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 on 10 December 2024, set to introduce a raft of changes to the merger control regime regime in Australia with effect from 1 January 2026, the Australian Competition and Consumer Commission (ACCC) has on 20 March 2025 released a draft of its updated Merger Assessment Guidelines (Guidelines), inviting public submissions by interested parties 17 April 2025.

The Guidelines are intended to detail the general principles of the ACCC's approach in evaluating mergers under the new legislative regime in determining whether a merger, if put into effect, would have the effect, or be likely to have the effect, of substantially lessening competition in any market as contemplated under the Act.