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Cut through complexity and navigate business critical engagement with regulators

Merger control

Our team has deep expertise in complex competition issues in domestic and global M&A transactions, both through the existing Australian Competition and Consumer Commission (ACCC) informal clearance process and in merger authorisation applications and associated litigation. Navigating this area will become even more critical, with Australia's merger control landscape set to change dramatically from January 2026, via a promised 'faster, stronger and simpler' regime more closely aligned to mandatory, suspensory regimes in other jurisdictions. 

In the merger control sphere, we work regularly with overseas counsel across the UK, Europe, North America and Asia Pacific to navigate through Australian aspects of multi-jurisdictional merger control and FDI regulatory filings. We partner with MinterEllison's international trade and investment team to provide a seamless, integrated offering to secure transaction regulatory approvals in Australia. 

How we can help

Navigating merger control challenges amid an evolving regulatory landscape 

Domestic and global clients seek our expertise to understand Australia's merger control regime, identify competition risks with M&A transactions and navigate through ACCC approval and authorisation processes.  With deep and broad experience across a wide variety of industries and sectors, we are engaged by clients and law firms globally on:

  • Identifying whether and in what circumstances ACCC approval for a proposed M&A transaction is necessary or recommended
  • Considering potential competition concerns or risks from a proposed M&A transaction, and options to mitigate risks, including divestitures and other remedies
  • Guiding a proposed M&A transaction through the ACCC process, including preparation of submissions and engagement with the ACCC
  • Coordinating and alignment of Australian merger control filings and approval processes with other jurisdictions
  • Working with MinterEllison's FDI teams to provide an integrated FIRB/ACCC solution
  • Preparing submissions to the ACCC opposing M&A transactions on behalf of interested parties
  • Collaborating with MinterEllisonRuddWatts to provide merger control assistance across Australia and New Zealand
  • Analysing public benefit arguments in the context of a proposed M&A transaction

Knowledge and expertise

We are a leading firm which is consistently recognised for our competition / antitrust capabilities, including recognition as an 'Elite' competition practice Global Competition Review. We partner with our clients to help them navigate complexity and achieve their commercial goals.

  • Competition, Consumer and Regulation
  • Antitrust investigations
  • Consumer protection investigations
Competition, Consumer and Regulation

COMPETITION, CONSUMER AND REGULATION

Competition and consumer laws are complex and constantly evolving. Regulators and policy makers are leveraging existing laws and developing bespoke regulatory frameworks to deal with emerging issues in competition and consumer law including genAI, digital platforms, the use of data and sustainability initiatives.

Antitrust investigations

Our team is highly skilled in navigating Australian aspects of complex domestic and global antitrust investigations, referrals to the Commonwealth Director of Public Prosecutions in relation to alleged cartel conduct, negotiated administrative outcomes and formal ACCC enforcement action. This includes investigations and enforcement action regarding:

  • Cartel conduct, including price fixing, acquisition/supply restrictions bid rigging and market allocation
  • Misuse of market power (abuse of dominance)
  • Exclusive dealing, including bundling, tying and rebate arrangements
  • Concerted practices
  • Resale price maintenance

Consumer protection investigations

Consumer law represents a significant risk in Australia. Businesses risk substantial financial penalties equivalent to competition law breaches. Our team partners with clients to proactively manage consumer protection risks by developing consumer law compliant marketing & advertising content, contracts, policies and procedures. We also work with clients to respond to investigations and enforcement action by regulators including the ACCC covering a broad range of issues including:

  • Misleading or deceptive conduct, and false or misleading representations
  • Unfair contract terms
  • Unconscionable conduct
  • Statutory warranties under the consumer guarantees regime
  • Pricing related issues including the way in which pricing is displayed to consumers
  • Compliance reviews of marketing material, advertising, product brochures, websites and external communications
  • Product recalls, mandatory notification obligations and product safety standards

Our recent experience

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VMware

On Australian competition aspects of its acquisition by Broadcom for $US61 billion. The matter was nominated as merger control matter of the year in numerous GCR 2024 Awards categories, winning the award for the APMEA region.

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L'Oréal Groupe

On Australian competition aspects of its $AU3.7billion acquisition of global skincare group, Aesop from Natura & Co Holding SA. This deal was the largest for any luxury brand in Australia and the largest brand acquisition by L'Oréal.

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Bunge

On Australian competition aspects of its merger with Viterra, estimated to create a global agribusiness with a market cap of $AU36.9 billion.

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Linfox Armaguard

On its successful application to the ACCC for merger authorisation with Prosegur Australia, which involved a 2:1 merger.

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Neoen

On Australian competition aspects of its whole of company transaction under which Brookfield has agreed to acquire up to 100% of Neoen for an agreed offer of $AU10.2 billion.

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iRobot

On Australian competition aspects relating to its proposed acquisition by Amazon for $USD1.7 billion, with the deal ultimately abandoned in response to competition concerns by the EC in early 2024.

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Qantas 

Advising on its acquisition of 51%, and subsequent acquisition of the remainder of, Trip-A-Deal and advising on ACCC authorisation of Qantas' global alliance with Emirates. 

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Optus

On its successful opposition to the Telstra / TPG merger authorisation application, and on competition aspects (including ACCC clearance) of proposed network and spectrum sharing arrangements with TPG.

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Complex multi-jurisdictional mergers

Advising on Australian competition aspects of complex, high profile and/or high value transactions including Cargotec / Konecranes, Facebook (Meta) / Kustomer, Siemens / Alstom, Viasat / Inmarsat, AT&T/Discovery / Warner, Raytheon/ UTC, Vista / Elliott / Citrix, Thl / Apollo, among others.

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https://www.minterellison.com/competition-consumer-and-regulation/merger-control

Our thinking and experience

Lead contacts

Geoff Carter

Partner, Melbourne

Miranda Noble

Partner, Melbourne

Haydn Flack

Partner, Sydney

Katrina Groshinski

Partner, Sydney

Paul Schoff

Partner, Sydney

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