Merger reform

Mandatory merger and acquisition notification rules commenced on 1 January 2026.

Businesses are required to notify the Australian Competition and Consumer Commission (ACCC) of certain acquisitions if they meet specified thresholds and wait to receive approval before the acquisition can proceed. 

The ACCC administers the merger control regime. Penalties may apply for failing to notify of an acquisition when required, including that the acquisition is automatically void. The information provided here should not be used as a substitute for independent advice concerning your responsibilities under the new ACCC mergers and acquisitions regime.

The trading, transfer and third-party authorisation of apparatus and spectrum licences are considered to be acquisitions of an asset under the merger control regime.

Therefore, licensees intending to trade, transfer or allow third-party authorisation of their apparatus or spectrum licences may need to notify the ACCC if the specified thresholds are met.

The ACCC does not need to be notified when apparatus or spectrum licences are issued.

Section 50 of the Competition and Consumer Act 2010 continues to apply to the issue of apparatus and spectrum licences as well as trading, transfer and third-party authorisations of apparatus or spectrum licences that are not notified under the merger control regime.

We encourage licensees to consider if acquisitions meet the thresholds. If so, they need to notify the ACCC and should await the outcome of the ACCC’s considerations prior to submitting applications to trade a spectrum licence or transfer an apparatus licence.

Please refer to merger control regime for general information on the merger control regime, including guidelines, forms, fees and notification thresholds.