Government announces changes to the new mandatory Merger Control Regime

On 15 October 2025, the Federal Government announced proposed changes to the new mandatory Merger Control Regime commencing on 1 January 2026.

The key changes include:

exempting leases and other acquisitions of interests in land in the ordinary course of business, unless subject to targeted notification requirements;

simplifying the approach to monetary thresholds for asset acquisitions;

streamlining notification obligations around serial acquisitions; and

clarifying and expanding existing exemptions applicable to financial market activities.

Under the current framework, failure to properly comply with the new mandatory Merger Control Regime will automatically void a transaction. The Government has indicated that it plans to amend these automatic voiding provisions while still maintaining incentives for compliance with the mandatory notification requirements.

Presently, there are no further details or guidance about the proposed changes.

It is expected that the proposed changes will come into effect by amendments to subordinate legislation before the commencement of the new mandatory Merger Control Regime on 1 January 2026.

Watch this space for further updates.

Reminder

The new mandatory Merger Control Regime commences on 1 January 2026. Find out more in our earlier article, here.

How can we help you?

Contact our Commercial Team to discuss how the new mandatory Merger Control Regime can affect your transaction strategy and what steps you should be taking now before the regime commences on 1 January 2026.

The material in this article was correct at the time of publication and has been prepared for information purposes only. It should not be taken to be specific advice or be used in decision-making. All readers are advised to undertake their own research or to seek professional advice to keep abreast of any reforms and developments in the law. Brown Wright Stein Lawyers excludes all liability relating to relying on the information and ideas contained in this article.

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