Australian Merger Control: Change in uncertain times

3 minute read + PDF download  21.07.2021 Haydn Flack, Miranda Noble, Paul Schoff

With the Australian competition regulator calling for reform and a renewed focus on big tech and international collaboration, change is on its way for Australia's merger control regime. What does this mean for investors and transactions?

In the face of unique and changing circumstances created by the COVID-19 pandemic, antitrust regulators globally, including the Australian Competition and Consumer Commission (ACCC), have had to respond. For example, the regulator facilitated conduct that would in normal circumstances breach competition laws. At the same time, the ACCC has had to manage business as usual efforts, including merger reviews and enforcement.

Now global and Australian markets are experiencing a new wave of M&A activity. Off the back of these developments, we're seeing regulators evolve their approach to merger control. Businesses looking to invest in Australia need to anticipate the changes and adapt their approach.

In Australia, different forces and pressures are intersecting. In this report, we explore the key trends and our predictions for merger control in the near future.

Key trends and predictions in competition law

Navigating the complexities

The ACCC's activities and rhetoric from the last 12 months are strong indicators that change is on its way for Australia's merger control regime. With increasing focus on dynamic markets, robust enforcement action and growing international collaboration among regulators, Australian competition law is increasingly complex.

Find out more in Australian Merger Control: Change in uncertain times


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