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Australia's new merger regime runs risk of over-capture, lawyers warn

By James Panichi ( September 16, 2025, 08:39 GMT | Insight) -- Australia's new mandatory and suspensory merger regime runs the risk of capturing deals and general commercial transactions that pose no competition risks, Australia’s lawyers have warned government in an eleventh-hour attempt to have the laws changed. In a summary of an 18-point submission sent to the government, the Law Council of Australia warned recent notifications under the new regime of uncontroversial lease transactions suggested a risk of “over-capture” of deals that “may not be well suited to merger review.”Australia’s new mandatory and suspensory merger regime runs the risk of capturing deals and general commercial transactions that pose no competition risks, the country’s lawyers have warned the government in an eleventh-hour attempt to have the laws changed....

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