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ARTICLE · 07 OCTOBER 2024

To notify or not to notify?

Walter Baden
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Treasury's new merger reforms is to require mandatory reporting to the ACCC if a transaction meets certain criteria.

AustraliaCorporate/Commercial Law
Jacqueline Monk
Jacqueline Monk
Laura Mullen
Laura Mullen
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A key element of Treasury's new merger reforms is to require mandatory reporting to the ACCC if a transaction meets certain criteria. So, which transactions will be captured and required to report? On Friday, Treasury released draft 'notification thresholds' for stakeholder consultation, summarised by Treasury as follows:

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Treasury estimates that applying these thresholds should see around 300 to 500 annual notifications to the ACCC. Currently, it isn't mandatory for businesses to notify the ACCC of a proposed merger. However, if a merger results in a substantial lessening of competition in a particular market then it may contravene competition law (and attract penalties).

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