Australia: Australian Competition and Consumer Commission closes consultation on draft merger assessment guidelines

On 17 April 2025, the Australian Competition and Consumer Commission (ACCC) closes its consultation on the draft Merger Assessment Guidelines, developed in response to the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024. These guidelines delineate the framework for assessing acquisitions under the new mandatory merger control regime, focusing on competition impacts such as the creation, strengthening, or entrenchment of market power. They cover a range of merger scenarios, including horizontal, vertical, and conglomerate mergers, as well as acquisitions involving nascent competitors, multi-sided platforms, competing buyers and partial ownership. Emphasising predictability for businesses and legal consistency, the guidelines also address the cumulative effects of serial or related acquisitions within a 3-year period. The feedback collected during the consultation will inform refinements to the guidelines before their implementation on 1 January 2026, when the regime formally enters into force.