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Australia to soften merger rules after industry, ACCC consultations

By Sean Maguire ( June 23, 2026, 06:21 GMT | Insight) -- Australia is preparing legislation to amend its new mandatory merger regime after consultation with businesses, lawyers and the competition watchdog, MLex understands, with changes expected to address automatic voiding of non-notified deals, "stale" merger clearances and notification requirements for some minority investments. The government is expected to replace automatic voiding with a court-based process, allow extensions for clearances that would otherwise expire after 12 months, and narrow notification requirements for transactions unlikely to result in a practical ability to influence competition. Lawyers welcomed the proposed changes as making the regime more proportionate, while debate continues over whether the current thresholds capture too many low-risk transactions, particularly in startups and venture-capital investments.The Australian government plans to introduce legislation soon to make changes to several contentious provisions in the new mandatory merger notification regime, MLex understands.The package, which could be introduced in parliament in the next two weeks, follows consultation with business groups, legal advisers and Australia’s competition watchdog. The legislation seeks to address concerns about automatic voiding of deals, "stale" clearances and the scope of transactions that need to be notified to the Australian Competition & Consumer Commission, or ACCC, MLex understands.Andrew Leigh, assistant minister for productivity, competition, charities and treasury, confirmed last week that changes are expected soon to the merger regime, which was passed into law in 2024. The new framework became mandatory in January after a six-month voluntary phase."The Albanese Government's merger reforms are the largest shakeup of Australia’s merger settings in half a century, and part of a new wave of competition policy to make our economy more dynamic and productive," Leigh said in a statement to MLex. “We thank the Australian business community and legal advisors for working with us to implement these changes which will ensure the new merger system meets its objectives of being faster, more transparent and risk-based."Consultation took place in meetings between the Department of the Treasury, the Law Council of Australia, the Business Council of Australia and other parties. An exposure draft was provided for targeted consultation in April and May, MLex understands....

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