Merger reform for a more competitive economy: Government response to consultation

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Australian Government
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Government response

The Government response to consultation explains the Australian Government’s merger reform policy following extensive consultation with stakeholders. It also includes proposed notification thresholds.

On 10 April 2024, the government announced reforms to Australia’s merger rules to promote competition, protect consumers and provide greater certainty by streamlining the approvals process. The reforms were detailed in the Merger Reform paper.

Treasury consulted widely to inform the policy and legislation design, with stakeholders representing the perspectives of:

  • consumers
  • businesses (including SMEs and multinational businesses)
  • agriculture
  • legal practitioners
  • investors
  • academics
  • industry associations.

Merger Reform Bill

On 24 July 2024, Treasury released the exposure draft of what is now the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 (Merger Reform Bill).

The refinements to the Merger Reform Bill reflect extensive and ongoing engagement with stakeholders to ensure the system serves consumers, business and the community.

Merger notification thresholds

On 30 August 2024, Treasury released the merger notification thresholds consultation paper.

Following consultation, the government has announced that there will be general notification thresholds that apply, in conjunction with additional targeted notification requirements that capture other high-risk acquisitions.

Treasury will consult on further detail on the notification thresholds through the development of subordinate legislation (in the form of legislative instruments) later in 2024–25.