Competition and consumer law responding to economic change
Gina Cass-Gottlieb
Law Council of Australia, Competition and Consumer Committee Workshop
Gina Cass-Gottlieb, ‘Competition and consumer law responding to economic change’ (LCA Competition and Consumer Workshop, 3 September 2026)
The Law Council of Australia’s Competition and Consumer Workshop kicked off today with a keynote by ACCC Chair, Gina Cass-Gottlieb.
Ms Cass-Gottlieb discussed a range of issues, including digital disruption and market complexity and the new merger control regime, observing:
… We are now close to 9 months into implementation of the new regime which represents the most significant strengthening of the framework in more than fifty years. … we are starting to see positive changes in terms of identification and assessment of anti-competitive acquisitions, transparency and timeliness.
Specifically, the move to mandatory notification means we are now seeing more transactions that have the potential to impact competition in Australia, and we are seeing them before they take place. And because of this, we are progressively building a better understanding of patterns of consolidation in different sectors.
… Ultimately, the success of the regime will be realised by way of deterring and preventing anti-competitive mergers and acquisitions. … The ACCC’s role as first instance administrative decision maker, rather than having an enforcement regime, is already starting to have a positive impact on competition in the economy, but the longer-term impacts will take some time to see as more matters are finalised.
… We are currently meeting and surpassing our goal of approving around 80% of mergers within 20 business days via an early Phase 1 determination or the notification waiver process. Approximately 90% of mergers are being determined within 20 business days. The increased transparency brought by the new regime is also beneficial for businesses and the broader economy. Dealmakers have more insights into what acquisitions are likely to raise concerns, which provides more certainty, and market participants have more ability to raise concerns and engage in the process.