ACCC backs stronger merger law reforms

ACCC commissioner nominations also welcomed

ACCC backs stronger merger law reforms

News

By Mina Martin

The Australian Competition and Consumer Commission (ACCC) has expressed strong support for the government’s initiative to enhance Australia’s merger laws, a move aimed at aligning with global standards and fostering a more competitive economy.

Proposed merger law reforms

The government plans to implement reforms to the merger laws, Treasurer Jim Chalmers has announced during the 10th annual Bannerman Competition Lecture in Sydney.

The changes, advocated by ACCC in its submissions, are designed to more effectively identify and prevent anti-competitive transactions. The new legislation is scheduled to be effective from January 1, 2026, contingent upon its passage through Parliament.

ACCC chair Gina Cass-Gottlieb said the government move to strengthen Australia’s merger laws “will benefit Australian consumers and businesses of all sizes, as well as the wider economy.”

“Higher prices, less choice, and less innovation can result from weakened competition,” Cass-Gottlieb said in a media release. “Stronger merger laws are critical to ensure anti-competitive mergers do not proceed. These proposed changes are significant and will reinforce public confidence in Australia’s competition laws.”

See LinkedIn post here.

Key features of the reforms

The proposed changes include a mandatory notification requirement for mergers above certain thresholds and a ban on proceeding with merger transactions without an ACCC or Tribunal determination. The reforms are also aimed at addressing serial acquisitions that could harm competition over time.

New commissioner nominations

The treasurer also announced the nomination of Philip Williams, a respected economist with significant experience in competition law, as a commissioner of the ACCC.

Williams “is an eminent and respected economist with a deep understanding of the intersection of economics and competition law in Australia,” Cass-Gottlieb said. “We warmly welcome news of his nomination by the treasurer.”

Stephen Ridgeway, meanwhile, has been confirmed as an associate commissioner of ACCC, a role in which he has contributed extensively, especially in merger cases.

Statement of expectations and intent

Chalmer’s address also introduced a new statement of expectations (SOE) for ACCC, outlining the government’s vision for a competitive, dynamic, and inclusive economy.

In response, ACCC has issued a statement of intent (SOI), detailing how it plans to meet these expectations, particularly in preventing anti-competitive mergers and supporting the reform of merger laws.

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