Acquisition Register
Since 1 January 2026 (with a transition phase from mid-2025) an administrative merger process has operated in Australia, with the ACCC as primary decision maker. Mergers meeting defined thresholds must now be notified to the ACCC.
The ACCC maintains an Acquisition Register of notified mergers. Parties may apply for a waiver for unproblematic mergers, may notify and proceed to phase 1 (initial assessment), after which they may be cleared or proceed to phase 2. After assessment parties may apply for public benefit authorisation if the ACCC has opposed the merger or approved it with conditions. See ACCC Assessment Process and Review Timelines.
The Brattle Group has helpfully shared an analysis of ACCC merger statistics since the changes to the merger regime.
Competition Law Cases Pre-2026
Merger cases (including clearance and authorisation) (pre 2026)
An administrative merger regime now operates in Australia, including compulsory pre-merger notification for mergers meeting defined thresholds.
Between 1974-2026 relatively few merger cases reached the courts. The merger tests in Australia have applied as follows:
1974-1977: effect of substantial lessening of competition
1977-1992: result in or substantially strengthen a 'position to control or dominate a market'
1993-2025: effect (or likely effect) of substantially lessening competition
For more detail on the history of the merger law see merger page.
Cases
Litigation in which a merger was challenged or parties sought a declaration that the Act was not contravened
Clearance decisions
A selection of informal clearance decisions by the ACCC
Authorisation decisions
Merger authorisation decisions by the ACCC and the Australian Competition Tribunal