Merger notification waiver and control instrument – exposure draft

We seek views on the exposure draft for the new merger system, which sets out detail on:

• the notification waiver process

• changes in addition to the control exemption.

Your feedback will help finalise this instrument.

Waiver process

Mergers that meet the thresholds must notify the Australian Competition and Consumer Commission (ACCC).

Businesses can apply to the ACCC for a notification waiver. The waiver process is a simple, fast and low-cost process.

Businesses do not need to notify a merger if the ACCC gives a waiver.

Control exemption

Businesses do not need to notify a merger if they do not get control.

The proposed changes mean businesses must notify certain mergers even if they do not get control.