The future of Australian merger law

16 May 2023 00:00 by James Panichi, Laurel Henning

Australia is an outlier among OECD countries with its voluntary merger regime, but that looks set to change following recent proposals from the country's antitrust regulator. The Australian Competition & Consumer Commission is calling for, among other things, a mandatory, suspensory regime, an expanded substantial lessening of competition test and factors to be considered in reviews, including data access. But the finer details of a new merger regime remain to be seen, leaving questions around issues such as timetables for reviews.