ACCC happy with mergers performance

THE AUSTRALIAN Competition and Consumer Commission (ACCC) has given itself top marks for its handling of the nation’s new merger control regime, saying it’s working as expected and the Commission is meeting its commitments on decision timelines.

According to data from its first three months of operation, from 1 January 2026, when the new regime commenced, to 31 March, the ACCC received 50 merger notifications and 108 waiver applications. This does not include the 13 notifications received during the transitional period between 1 July and 31 December 2025 when voluntary notifications became available.

The ACCC has approved 39 notifications in phase 1, and two notifications were progressed to phase 2 for a more in-depth assessment.

Under the new regime it is mandatory for businesses to notify the ACCC of any proposed acquisition that meets notification thresholds set by the Minister. Businesses must wait for ACCC approval before they can proceed with a notifiable acquisition.

The average time taken for the ACCC to approve a notification in phase 1 was 18 business days.

Waivers, a streamlined process for simpler acquisitions that clearly do not raise material competition concerns, were decided on average in 11 business days. The ACCC granted 70 notification waivers and six were not granted — including, as DCN reported in late March, Asian Bulk Logistics’ bid to acquire 100% of Engage Marine.

Acquisitions not granted a waiver need to be formally notified to the ACCC before proceeding, if they meet the thresholds.

“Although it is only early days, we are pleased with how the new regime is progressing. We consider that the early performance figures indicate that the systems and processes are working as intended which is a positive start to the new regime,” ACCC Chair Gina Cass-Gottlieb said.

“Importantly, it is allowing us to build a greater understanding of patterns of consolidation in different sectors.”

“We had committed to deciding around 80% of acquisitions within 20 business days either through an early phase 1 decision or notification waiver. We are currently meeting this commitment with 91% of acquisitions decided in this timeframe.”

All decisions about notified acquisitions and waiver applications and the review timelines are published on the ACCC’s acquisitions register.

“Increased transparency is an important feature of the new regime, allowing stakeholders to see the acquisitions coming to the ACCC and the ACCC’s reasoning,” Ms Cass-Gottlieb said.

“We remain focussed on administering the new regime transparently and efficiently and we will continue to report on our performance and the key trends as the regime beds down.”

Further details about how the regime is operating are on the ACCC website.