Key terms and fees for the ACCC mandatory merger notification regime

Submission Types

Notification

$56,800

A formal notification to the ACCC of a proposed acquisition under the mandatory notification regime. Parties must notify the ACCC before completing the acquisition and cannot proceed until the ACCC has made a determination.

Waiver

$8,300

A request for a waiver from the mandatory notification obligation. The ACCC may grant a waiver if it is satisfied the acquisition is not likely to substantially lessen competition. Waivers are typically used for smaller or less competitively significant transactions.

Assessment Stages

Phase 1

Included in notification fee

Initial review period where the ACCC conducts a preliminary competition assessment. Most straightforward acquisitions are resolved at this stage within the statutory timeframe.

Phase 2

$475K–$1.6M

Extended review for acquisitions that raise potential competition concerns. Involves deeper market analysis, third-party consultation, and a more detailed investigation. Additional fee is tiered by transaction value: $475K (deals up to $50M), $855K ($50M–$1B), or $1.6M (over $1B).

Determination Outcomes

Approved

The ACCC has determined the acquisition is not likely to substantially lessen competition. The parties may proceed with the transaction.

Not Approved

The ACCC has determined the acquisition would be likely to substantially lessen competition. The parties cannot proceed unless they obtain authorisation from the Australian Competition Tribunal.

Not Applicable

The assessment was ceased or the matter was resolved before a formal determination was required (e.g. parties withdrew the application).

Assessment Statuses

Under Assessment

The ACCC is currently reviewing the proposed acquisition. The statutory clock is running and parties cannot complete the transaction.

Assessment Completed

The ACCC has issued a final determination on the acquisition. The outcome (approved or not approved) is recorded in the determination field.

Assessment Ceased / Suspended

The review has been stopped (ceased) or temporarily paused (suspended), typically because the applicant withdrew or the ACCC requested additional information.