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Australian regulator clarifies 'put into effect' lease requirement under new merger laws

( October 17, 2025, 02:43 GMT | Official Statement) -- MLex Summary: New merger guidance issued by Australia’s competition regulator is focusing on when leases are deemed to have been “put into effect” under the new regime. In an updated version of the Australian Competition & Consumer Commission’s frequently asked questions relating to the mandatory merger regime, which comes into full effect on Jan. 1, 2026, the regulator said that where there is an acquisition of an equitable interest in land, the requirements or conditions that must be met before a lease is entered into “do not need to have been satisfied at this time.” This definition has become significant amid concerns that, with leases conditional on relevant local government approvals or other registration requirements, it could be unclear whether ACCC clearance should be obtained before or after the approvals have been obtained.The FAQ document is attached. ...

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