Australia's New Merger Control Laws: What Business Owners Need to Know
From 1 January 2026, buying or selling a business in Australia got more regulated. Here's what the new mandatory merger control regime means for you.
As of 1 January 2026, the way mergers and acquisitions work in Australia changed in a meaningful way. A new mandatory merger control regime is now in full effect, and if you're planning to buy or sell a business above certain thresholds, there are some important things to get across before you move forward.
What Changed?
Businesses looking to acquire shares or assets that meet defined financial thresholds are now required to notify the Australian Competition and Consumer Commission (ACCC) and obtain formal clearance before the transaction can go ahead. Previously, notification was voluntary. It is now mandatory. Transactions that proceed without clearance are automatically void under Australian law, and there is real penalty risk for parties who don't comply.
What It Means If You're Buying
Factor in extra time. The ACCC has indicated it expects to resolve around 80% of acquisitions within 15 to 20 business days, but more complex transactions can take considerably longer. Getting ahead of this early in your process will save you a lot of headaches later.
What It Means If You're Selling
Buyers will be doing more thorough due diligence, and timelines will be longer than they used to be. The business owners who come out of this environment in the best position are the ones who have their financials, compliance records, and documentation sorted well before they go to market.
Our Take
These changes don't make deals harder to do. They make the process more structured. For parties who are well-prepared and working with experienced advisors, the new regime is manageable. What it does do is raise the bar for preparation, which is something worth taking seriously from the start.
If you're thinking about a transaction and want to understand how the new rules might affect your situation, we're happy to have a confidential conversation with no obligation.
Sources
- Australian Competition and Consumer Commission (ACCC) — accc.gov.au
- MinterEllison, A New Year, A New Australian Merger Control Regime — minterellison.com
- PwC Australia, Australian M&A Outlook 2026 — pwc.com.au
By Adept Business Brokers