Key issues in designing a mandatory merger regime for a modern economy

The ACCC has called for Australia's current informal and voluntary merger review regime to be replaced with a mandatory one. Under a mandatory regime, parties would need to apply for and secure approval from the regulator before implementing a transaction, and face penalties for failing to do so. We don't believe there is a compelling case to replace the current regime with a mandatory and suspensory merger review regime.

In this Insight, we examine what the ACCC has put forward so far and the implications, drawing on the experience and architecture of regimes overseas.