Merger Applications for Review to Tribunal

Since 1 January 2026 an administrative system, with ACCC as primary decision-maker, has operated in relation to mergers.

There has not yet been a completed review by the Tribunal.

See Australian Competition Tribunal Practice Direction No 3
Review of Acquisition Determinations
Div 1B of Part IX of the Competition and Consumer Act 2010 (Cth)

Coles

ACT 1 of 2026

Coles Supermarkets Australia Pty Limited have applied (15 July 2026) for a review of the ACCC’s determination of 30 June 2026 under ss 51ABZE(1) refusing to approve a merger.

The matter is listed before Justice O’Bryan (President), Dr Ray Steinwall and Professor David Byrne from:

• 9-12 November 2026; and

• 16-20 November 2026

View ACCC determination.

For media, see eg:

• AAP, ‘Supermarket giant fights watchdog over new powers’ (MichaelWestMedia, 21 July 2026)

• Peter Beekink, ‘ACCC blocks Coles’ Kalgoorlie supermarket: A landmark decision under the new merger regime’ (Lavan, 29 July 2026)

• Chanticleer, ‘ACCC’s new Coles ban shows it’s serious about stopping the creep’ (Australian Financial Review, 1 July 2026)

• John Durie, ‘ACCC’s red-tape nightmare’ (The Australian, 25 July 2026)