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ARTICLE · 24 DECEMBER 2025

Treasury Updates Merger Rules

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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From 1 January 2026, under the new Part IVA Competition and Consumer Act 2010 (Cth) (CCA), businesses may need to notify the ACCC of any acquisition of shares...

AustraliaCorporate/Commercial Law
Linda Evans
Linda Evans
Liza Carver
Liza Carver
Patrick Gay
Patrick Gay
Sarah Benbow
Sarah Benbow
Patrick Clark
Patrick Clark
Stephanie Panayi
Stephanie Panayi
Jared Peut
Jared Peut
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Updated compulsory merger notification rules 

From 1 January 2026, under the new Part IVA Competition and Consumer Act 2010 (Cth) (CCA), businesses may need to notify the ACCC of any acquisition of shares or assets that meet the notification revenue and transaction thresholds.

Transactions that meet the notification thresholds (and cannot rely on any exceptions) will need to be notified to the ACCC and approved before completion. This week Treasury made a new Notification Determination that updates the rules dealing with the notification thresholds and certain exceptions. The effect of the new rules include: 

  1. New rules on who is a 'connected entity' for private companies and non-listed trusts

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