Key Points:
It would be difficult in practice to introduce fees for
the informal merger clearance or FIRB process.
The informal merger clearance process in Australia currently
does not require merger participants to pay any filing, assessment
or other fees to the Australian Competition & Consumer
Commission (ACCC). Nor does the Foreign Investment
Review Board (FIRB) require payment of any
notification or similar fees.
In light of recent developments in Australia and overseas, could
these types of fees be introduced in Australia?
Three forms of merger clearance
In high-level terms, Australia currently has three procedures
for obtaining merger (anti-trust) clearance.
The first is the "informal" process whereby the merger
participants voluntarily seek the ACCC's informal views on the
proposed merger. Under this process, the ACCC does not actually
approve the merger; rather it simply gives an informal green light
by way of a statement to the effect that it
