New notification processes for mergers and acquisitions will come into effect from 1 January 2026.
Businesses will be 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. This may include trading, transferring or authorising a third party to use an apparatus or spectrum licence.
Businesses can also voluntarily notify the ACCC of such transactions from 1 July 2025.
The ACCC administers the new merger 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 ACCC’s transition guidance provides further information for businesses about how they propose to manage the transition to the new regime.
How the rules apply to apparatus and spectrum licences
The trading, transfer and third-party authorisation of apparatus and spectrum licences are considered to be acquisitions of an asset under the merger reforms.
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 will continue 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 new regime, in the same way that it does now.
ACCC information about merger reform
Please refer to merger control regime for general information on the new merger regime, including guidelines, forms, fees and notification thresholds
ACMA activities planned for 2025–26
As noted in the Draft Five-year spectrum outlook 2025–30 consultation, we are considering how best to implement the new merger reform arrangements as they apply to our roles and functions.