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Content last updated: 08-04-2020

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  • Merger Screening

2. Establishing jurisdiction for notification of mergers

2.3 General thresholds

2.3.1 Threshold(s) for when a concentration must be notified under the general merger control regime?

Australian competition law does not provide jurisdictional thresholds determining whether a transaction is subject to merger control.

Rather, the Australian Competition and Consumer Commission has jurisdiction to investigate any transaction by which the acquisition of shares or assets has the effect, or is likely to have the effect, of substantially lessening competition in any market in Australia.

However, the Australian Competition and Consumer Commission encourages notification in the following circumstances:

  • The undertakings concerned supply goods or services which are substitutable or complementary; and
  • The acquirer (or the merged entity) will have a market share exceeding 20% post-transaction.

2.4 Other national thresholds for ex ante merger control (e.g. sector-specific rules)

2.4.1 Relevant thresholds for sector-specific or other ex ante merger control rules?

Special rules apply to transactions within the following sectors:

  • Financial services
  • Media
  • Civil aviation
  • Shipping
  • Telecommunications
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Legal Cross Border has itself provided all input about merger control in Australia. This information has been gathered and validated by our in-house lawyers to guarantee the highest quality outcome. This said, we are currently looking for a local partner to cover Merger Control Australia - please contact us if you would like to be our new partner.