Merger Reform Bill Introduced in Senate

The Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 passed through the House last Thursday and was introduced into the Senate this afternoon. been introduced into Parliament today.

The Bill:

  • introduces a requirement for certain acquisitions of shares or assets to be notified to the Commission for assessment prior to completion, with penalties to support compliance;

  • establishes a new administrative system where the Commission will undertake an economic and legal assessment of whether the acquisition is likely to substantially lessen competition in a market, or is of public benefit;

  • streamlines the assessment of mergers and acquisitions with clear suspensory timelines;

  • promotes integrity and good decision-making by providing for review of Commission decisions by the Tribunal;

  • enhances transparency through establishment of a public register of notified acquisitions and other procedural safeguards;

  • provides that fees are payable for certain actions under the reforms.

If passed the change to a mandatory and suspensory administrative system for mergers will commence on 1 January 2026, but parties will be able to start using the new regime on a voluntary basis from 1 July 2025.

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