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- Merger Screening
2. Establishing jurisdiction for notification of mergers
2.3 General thresholds
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)
and last updated on 31-07-2019 by
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