Australia is starting to experience the most significant overhaul of its M&A regulatory landscape in more than 50 years. Irreversible change is gradually rolling out with the shift from a voluntary to a mandatory merger notification system that is slowly changing the whole nature of dealmaking.
What’s Changing?
The ACCC’s new merger control regime has taken effect from 1 January 2026. Under this mandatory suspensory system, transactions meeting specified thresholds must be notified and cleared by the ACCC before proceeding. Unlike the past informal clearance model, there is no room for post completion adjustments.
New laws mean you must notify the ACCC before completing a deal. Non compliance is not just risky, it is unlawful.
What This Means for M&A Activity
Expect delays, tighter timelines, and heightened risk scrutiny. Deal execution now hinges on ACCC clearance under prescribed statutory timeframes. Early structuring, pre notification diligence, and comprehensive documentation will be essential to keep acquisition pipelines moving.
Many of our clients are already adjusting due diligence schedules and acquisition planning to align with the new clearance requirements.
Who Are Affected?
Mandatory notification applies to transactions that:
- Meet revenue or asset thresholds
- Involve control changes
- Are connected with Australia
- Involve mergers, acquisitions, joint ventures, land or unit trust interests
If your business pursues acquisitions, mergers, divestments or joint ventures from this month onward, this applies to you.
What Businesses Should Be Doing Now
Use this period strategically:
- Audit your M&A pipeline: Identify deals likely to fall within the 2026 window
- Engage legal and financial advisors: Ensure compliance readiness and structure deals with statutory timing in mind
- Update internal processes: Embed ACCC notification checkpoints into governance and deal approval workflows
Checklist:
✅ Review upcoming transactions
✅ Establish ACCC readiness procedures
✅ Build in regulatory timeframes
✅ Identify red flag risk areas
The Strategic Advantage of Acting Early
The voluntary notification window opened on 1 July 2025, giving early movers a head start. Completing low risk transactions early or simulating the ACCC review process can help preserve deal momentum.
We assist clients in front loading deal assessments and running ACCC style simulations so they do not lose critical runway this year.
How Dillon Clyne Can Help
We deliver real time, outcomes based advisory services tailored to M&A strategy, risk management, and deal structuring under the new regime. Dillon Clyne brings together a solid understanding of regulations. This means we can help you stay compliant without losing your competitive edge.
We do not just help you comply. We help you compete smarter.
The upcoming ACCC merger laws demand foresight, precision, and proactive strategy. Businesses that prepare now, before the rush, will retain their edge in a more scrutinised M&A environment.
Is your business ready for the ACCC’s 2026 regime?
Contact us today so we can build your compliance strategy as the rush builds up.