The Australian Competition Authority proposes substantial changes to national antitrust merger review including introducing mandatory review and increased scrutiny of companies with substantial market power

In Short The Situation: The leadership of the Australian Competition and Consumer Commission ("ACCC") has put forward a series of sweeping proposals that, if implemented, would be the most substantial changes to Australian antitrust merger laws in nearly 30 years. The Context: Today, merger review in Australia is voluntary and, for the most part, nonsuspensory. If adopted, the proposed changes would establish mandatory merger reporting for transactions that meet certain thresholds and require that parties to such a transaction suspend closing until they obtain ACCC clearance. Looking Ahead: Although the proposed changes are a long way from adoption, the ACCC's proposals would significantly increase antitrust scrutiny in Australia, particularly in the technology sector, and they would

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Matthew Bull, Prudence Smith, Jeremy P. Morrison, Debra R. Belott, The Australian Competition Authority proposes substantial changes to national antitrust merger review including introducing mandatory review and increased scrutiny of companies with substantial market power, 27 August 2021, e-Competitions August 2021, Art. N° 102347

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