By Sean Maguire ( May 8, 2026, 07:00 GMT | Insight) -- Australia’s new mandatory merger regime's focus on certainty over flexibility has had “unintended consequences” and led to concerns of “over capture,” said a top lawyer who specializes in competition litigation. Peta Stevenson, partner at Mallesons, made the remarks on Friday at an International Competition Network conference in Manila and said the regime created complexity, making even objective merger tests difficult to apply, though this may ease as the regime matures. The Australian Competition and Consumer Commission declined to comment, instead pointing to data that the watchdog has been meeting decision times. .The focus on certainty over flexibility for Australia’s new mandatory merger regime has had “unintended consequences” and led to concerns of “over capture,” with some acquisitions that don't lessen competition still required to undergo review by the regulator, said a top lawyer who specializes in competition litigation....
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