Reforming mergers and acquisitions – exposure draft

This consultation process has now been completed. Submissions available
Date
-
Consultation Type
Exposure Draft Legislation

Key Documents

Treasury released the exposure draft of Treasury Laws Amendment Bill 2024: Acquisitions.

This legislation will deliver the Australian Government’s reforms to merger rules and processes announced on 10 April 2024.

The government’s reform proposes a faster, stronger and simpler system which better targets anti‑competitive transactions to improve consumer and business outcomes.

The exposure draft was informed by previous consultation which ran from November 2023 to January 2024.

Consultation will inform the finalisation of the draft legislation to enable government consideration.

Framework

The exposure draft sets out the framework of this new system including:

  • notification and timelines
  • definition of acquisitions
  • test to be applied for considering competition impacts and substantial public benefits
  • procedural safeguards.

Stakeholder engagement

Alongside inviting submissions, the Competition Review Taskforce in Treasury will also engage in targeted stakeholder engagement.

Future consultation

Treasury will consult on the notification thresholds, fees and regulations including the ACCC’s public register and associated transparency safeguards later this year.

 

Submissions

29 submissions were received for this consultation, including 1 confidential submission.

ACCC - pdf 283.22 KB
Ai Group - pdf 190.63 KB
American Bar Association - pdf 285.94 KB
Arnold Bloch Leibler - pdf 170.52 KB
CHOICE - pdf 145.03 KB
COSBOA - pdf 201.41 KB
Featherston, Roger - pdf 47.55 KB
Herbert Smith Freehills - pdf 198.89 KB
Law Council of Australia - pdf 754.07 KB
Malcolm, Joe - pdf 19.72 KB
Metcash - pdf 155.91 KB
Microsoft - pdf 122.81 KB
RBB Economics - pdf 208.59 KB
Takeovers Panel - pdf 439.26 KB